MNISI S & CLAASSENS A
2009. Rural women redefining land rights in the context of living customary
law. South African Journal on Human Rights, 25(3), 491-516. summarise
In this article, Mnisi and Claassens explore how rural women in South Africa are redefining their land rights within the framework of living customary law. The authors argue that despite the existence of progressive legislation such as the Recognition of Customary Marriages Act and the Communal Land Rights Act, many rural women still face challenges in asserting their land rights due to entrenched patriarchal practices within customary law.
Through case studies and interviews with rural women, the authors highlight the ways in which women are challenging traditional norms and asserting their rights to land ownership and use. They also discuss the role of traditional leaders, government agencies, and civil society organizations in supporting women's efforts to redefine land rights.
Overall, the article emphasizes the importance of recognizing and addressing gender disparities in land rights within the context of customary law, and calls for greater awareness and advocacy to ensure that rural women are able to access and benefit from their land rights.