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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Making Law Work: Restructuring Land Relations in Africa
Author:McAuslan, Patrick
Year:1998
Periodical:Development and Change
Volume:29
Issue:3
Period:July
Pages:525-552
Language:English
Geographic terms:Tanzania
South Africa
Subjects:land reform
customary law
land law
Law, Human Rights and Violence
Agriculture, Natural Resources and the Environment
Link:https://doi.org/10.1111/1467-7660.00088
Abstract:This article explores a number of issues concerning the appropriate role for the law to play in the restructuring and reform of land relations and land tenure in eastern and southern Africa. It explores some of the problems of drafting land laws in a policy framework, and discusses some of the choices that confront the draftsperson, using Tanzania and South Africa as examples. Next, it looks at the issue of the place of customary law in any reformed system, paying attention to such issues as women's rights to land, the relationship between customary law and statute law, individualization of tenure and the provision of appropriate dispute settlement arrangements. Tanzania, where a two-pronged approach to land law reform is being proposed, is used as an example of land law reform. The first prong of this approach deals with substantive law, the second with institutions of adjudication. The final matter dealt with concerns people: legal academics and the training of personnel. The author concludes that there is no one right way to tackle the issue of land tenure reform in Africa. The proposals being developed in Tanzania have been the product of a good deal more thought, investigation, preparation and participation than has occurred elsewhwere in Africa, with the exception of South Africa. Bibliogr., sum.
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