By Laurel L. Rose
Laurel Rose analyzes how conventional ruling elites in Swaziland, as in different elements of Africa, use concord ideologies to downplay and unravel land disputes. Such disputes may be utilized by overseas improvement brokers or indigenous new elites as justification for enforcing land tenure adjustments, together with a discount of conventional elites' energy dependent upon land keep an eye on. Swazi commoners settle for the cultural price and legitimacy of such a lot concord ideologies, yet they undertake quite a few thoughts while disputing approximately specific land rights for you to produce extra favorable results. This e-book is uncommon in its concentrate on political instead of financial dimensions of land tenure and disputes. It searches for hyperlinks among person issues with land use rights and nationwide issues with land coverage. It additionally examines gender and management matters linked to land, displaying how ladies and new elites threaten land pursuits of fellows and conventional leaders.
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Additional resources for The Politics of Harmony: Land Dispute Strategies in Swaziland (African Studies)
Rather, only chiefs together with their libandla (council) hear such matters. If a chief reaches an impasse in a land matter, he can appeal directly or through messengers to the King and his council. A chiefs control over land matters is regulated by the Native Administration Act No. 79 of 1950 (the act also provides that the King may appoint or revoke appointment of chiefs); but since the terms of this act are vague and incomplete, the nuts and bolts of a chiefs land administration are left to his own interpretation of unwritten customary law provisions.
Working farms acquired in this way generally remain farms, worked by hired labour, rather than reverting to the traditional tenure commonly considered synonymous with Swazi Nation Land (1985: 5). In this research project, two types of Swazi Nation Land were considered: land administered by chiefs on the basis of long-standing hereditary rights, and land administered by chiefs under recently acquired rights, such as through repurchase schemes. Despite differences in administration, the King controls all kinds of Swazi Nation Land on which land disputes arise.
66 of 1938, and the High Court, which was defined by the Swaziland Constitution Order. The Magistrates' Court has jurisdiction over the general Swaziland population, as does the High Court, but it may not try offences of treason, murder and sedition, which must be tried by the High Court. The High Court has unlimited jurisdiction. Although Swazis long resisted foreign legal impositions (Amoah 1978; Armstrong and Nhlapo 1985; Bonner 1983), Swazi customary legal procedure has been increasingly drawn into the more formal structure of the West.