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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Governability and forms of popular justice in the new South Africa and Mozambique: community courts and vigilantism
Authors:Bidaguren, Jokin AlberdiISNI
Estrella, Daniel NinaISNI
Periodical:Journal of Legal Pluralism and Unofficial Law
Geographic terms:Mozambique
South Africa
Subjects:political systems
customary law
organized crime
popular justice
Abstract:First, the authors provide a context for the current links between society and the State in southern Africa. They consider theoretical points concerning the consolidation of the State, such as the governability crisis, the globalization of democratic and judicial systems, weak, fragile States, and the construction of collective identities in multicultural contexts. Next, they look at some of the problems of access to justice in Mozambique and South Africa in terms of the lack of financial and human resources and how ill suited Western legal traditions are to the various conflict resolution practices of the different communities in these countries. The weakness of the State in these two countries in guaranteeing order and security has prompted responses from society. The authors distinguish responses which directly call in question the legitimacy of the new State - such as PAGAD (People against Gangsterism and Drugs), organized crime and vigilante groups - and which the State should attempt to eliminate, and responses which accept the new constitutional framework and respect human rights, such as community courts. Bibliogr., notes, ref., sum. (p. XII). [ASC Leiden abstract]