Denying Ownership and Equal Citizenship: Continuities in the State's Use of Law and ‘Custom’, 1913–2013

Abstract

This article discusses traditional leadership laws that entrench the ‘tribal’ boundaries which make up the former homelands, and recent policies that foreclose landownership for the majority of rural people. I argue that these laws and policies reinforce, rather than address, the legacy of the 1913 and 1936 Land Acts. Distorted constructs of unilateral chiefly power are mobilised in attempts to create a separate legal zone of customary authority that undermines the citizenship rights of those living within the boundaries of the former bantustans. The article points to tensions between the new policies and the Constitution's promise of land rights to remedy past discrimination, discussing restitution as a case in point. The example of platinum mining on communal land in North West Province is used to illustrate the significant resources at stake.