#HistoryinPublications

Land and Property Rights: The Decolonisation Process and Democracy in Africa: Lessons From Zimbabwe and Kenya.

The introduction of this paper provides some key conceptual explanations that are considered important in the discussion of property and land relations and rights in the colonisation and de-colonisation processes in Africa. This is followed by an analysis of the struggle for property and land, as partly reflected in the constitutional-making process and other legal forms in Zimbabwe. The paper ends by drawing some broad conclusion to supplement or highlight those made in the main body, which may be pertinent to the constitution-making process and other policy considerations in the South African context.

Should There be a Property Clause?

Matthew Chaskalson in this paper discusses the implications of the constitutional protection of property in the United States and the Commonwealth. He posits that property is the primary source of inequality in contemporary society, constitutional entrenchment of property rights has invariably amounted to the constitutional entrenchment of privilege and inequality. Chaskalson then puts forward several considerations relevant to the drafting of a property clause if a situation whereby South Africa is forced to accept a property clause in the Constitution arises.

Women's rights discussion document

The Community Law Centre (CLC) re-produced the document below entitled "Women's Rights-A Discussion Document", to enable popular organisations involved in the struggle for women's rights as well as full gender sensitivity and non-discrimination to focus on the issues which were raised during the conference which took place from November 29 to December 2 1990. The CLC of the University of the Western Cape played a major role in organising the conference. Some of the themes discussed in the conference included, patriarchy, customs and gender, the legal status of South African woman, women and religion and finally, violence and sexual harassment against women. The CLC published this document with the hope that in the process for constitution-making that the issues raised in the conference would not be bypassed or ignored.

Women's Property Rights Under the Customery Law.

Woman's property rights under customery law can be dismissed in one sentence. They have none. This paper examines how the principles of equality and non-discrimination can be reconciled with customery law and the means by which these can be advanced.

Towards a Future Mineral Mineral Law System for South African.

This paper consists of two parts. The first part briefly discusses the common law and the Minerals Act 50 of 1991. The second part deals with the proposed changes to the mining and mineral laws of South Africa. The author asserts that, despite having a comprehensive range of the Mineral Act, there still remains some important aspects of the mining law which are governed by the common law. The author then proceeds to outline what these aspects are and the principles which govern them, as well as the impact and changes the Mineral Act has brought to the fore since its coming into operation.

ANC discussion document on structures and principles of constitution for democratic SA

In this discussion document, two documents are provided and discussed. The first document provides a discussion on constitutional principles while the second document discusses the commentary on the structure of a Constitution for democratic South Africa. Specific attention is drawn to some of the areas of discussion which include whether South Africa should have a ceremonial President plus a Prime Minister answerable to Parliament? or an Executive President (Without a Prime Minister) answerable to Parliament? How is the President to be elected? By direct elections or Parliament? and so forth.

Compensation for Expropriation: The Political and Economic Parameters.

There is a concern in certain quarters, also expressed within the ANC, that compensation for expropriation should be at market value. The reasons given include factors such as the necessity to create a stable environment for investment and the desirability of creating a secure system of property rights. In this context it is argued that the new government must be seen to be fair and make a clear-break with the racially discriminatory land policies of the past. The main thrust of this paper is that it would be a mistake to establish a system which defines rights to compensation as finite individual claims against State resources. Rather, it is posited that compensation for loss should be proportionate to past and present interests in the land.

Property Rights and Restitution and Compensation in Germany After 1945.

In this article, the author details the sequence of events and the decisions that were taken in Germany in addressing the issue of property rights, restitution and compensation after 1945.

Draft Property Clauses in a Proposed Bill of Rights.

This paper provides a brief discussion on some of the clauses in the proposed Draft Bill of Rights of 1990 that related to property and land rights. The author discusses the different proposals that were received from different political parties such as Inkatha Freedom Party, National Party, African National Congress as well as experts and the South African Law Commission on how the land and property clause may be drafted.

Women, Rape and Violence in South Africa

South Africa has the highest instance of rape when compared to other countries. Approximately 15 000 cases of rape are reported in South Africa each year. The papers offered here are preliminary studies that aim to highlight the inadequacy of the law in protecting woman against rape and battering, two of the most prevalent forms of violence against woman in South Africa. The articles explain in detail some of the strategies that have been initiated by countries around the world to combat violence against woman. These include countries like Malaysia, Bolivia, India and Pakistani. It is hoped that South Africa can also learn from some of these strategies in its approaches to dealing with violence against woman.

Structures for Women in Political Decision Making

This document, penned by Amy Biehl, articulates women's demands with respect to participation in political decision making in a future South Africa. It examines the comparative experiences in designing and implementing structures to promote increased women participation. She thus discusses various options to increase women participation, such as constitutional mechanisms, electoral rules, a women's ministry, political party structures etc. Amy Biehl was a Fulbright Student Intern at the Community Law Centre. A few months after writing this paper, Amy was tragically killed by a mob of youth in Gugulethu while driving three co-workers home.

A Charter for Social Justice: A contribution to the South African Bill of Rights debate

These proposals for including rights in a South African Constitution and brief arguments for their adoption are the product of the deliberations of a group of Western Cape lawyers. The primary objective or the exercise was to produce a statement of basic rights and freedoms lo be accorded to all South Africans, and respected, implemented and enforced by all three branches or govenment.