African indigenous land rights in a private ownership paradigm

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dc.contributor.author Du Plessis, W J
dc.date.accessioned 2012-09-03T08:23:34Z
dc.date.available 2012-09-03T08:23:34Z
dc.date.issued 2011
dc.identifier.citation Du Plessis, W.J. 2011. African indigenous land rights in a private ownership paradigm. Potchefstroom electronic law journal (PELJ) = Potchefstroomse elektroniese regsblad (PER), 14(7):45-69 [http://www.nwu.ac.za/p-per/index.html] en_US
dc.identifier.issn 1727-3781
dc.identifier.uri http://hdl.handle.net/10394/7191
dc.description.abstract It is often stated that indigenous law confers no property rights in land. Okoth-Ogenda reconceptualised indigenous land rights by debunking the myth that indige-nous land rights systems are necessarily "communal" in nature, that "ownership" is collective and that the community as an entity makes collective decisions about the access and use of land.1 He offers a different understanding of indigenous land rights systems by looking at the social order of communities that create "reciprocal rights and obligations that this binds together, and vests power in the community members over land". To determine who will be granted access to or exercise control over land and the resources, one needs to look at these rights and obligations and the performances that arise from them. This will leave only two distinct questions: who may have access to the land (and what type of access)2 and who may control and manage the land resources on behalf of those who have access to it?3 There is a link with this reconceptualisation and the discourse of the commons. Os-trom's classification of goods leads to a definition of the commons (or common pool of resources) as "a class of resources for which exclusion is difficult and joint use in-volves subtractablity".4 The questions this article wishes to answer are: would it firstly be possible to classify the indigenous land rights system as a commons, and sec-ondly would it provide a useful analytical framework in which to solve the problem of securing land tenure in South Africa? en_US
dc.language.iso en en_US
dc.subject Indigenous law en_US
dc.subject African indigenous land rights en_US
dc.subject Property rights en_US
dc.subject African indigenous land tenure en_US
dc.subject The commons en_US
dc.title African indigenous land rights in a private ownership paradigm en_US
dc.type Article en_US

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