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Periodical article | Leiden University catalogue | WorldCat |
Title: | Title to Territory: Its Constitutional Implications for Contemporary South Africa and Zimbabwe |
Author: | Ramose, M.B. |
Year: | 2000 |
Periodical: | Recht in Afrika = Law in Africa = Droit en Afrique |
Issue: | 2 |
Pages: | 189-210 |
Language: | English |
Geographic terms: | South Africa Zimbabwe |
Subjects: | land law Law, Human Rights and Violence Politics and Government |
Abstract: | The present essay is about the sovereign title to territory and its implications for contemporary South Africa and Zimbabwe. It is a philosophical analysis of the history, politics and constitutionality of the law underlying the democratic dispensation in the two countries. It focuses specifically upon historic titles in law and State recognition in the context of international law. In this context the article explores if and to what extent the fact of conquest, in the history of the voyages of 'discovery' and colonization, has been included in or excluded from the universe of juristic facts. It concludes that under whatever conception of law, the claim that the conquerors of the indigenous peoples of South Africa and Zimbabwe are the legal successors in title to a wholesome and absolute sovereignty is unsustainable either on the plea of Papal mandate, 'discovery' or the 'right of conquest'. Therefore, justice demands the restoration of title to territory to the indigenous conquered peoples as well as restitution to them. Bibliogr., notes, ref., sum. |