Customary governance and expressions of living customary law at Dwesa-Cwebe: contributions to small-scale fisheries governance in South Africa

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dc.contributor.advisorSowman, Merleen_ZA
dc.contributor.advisorBavinck, Maartenen_ZA
dc.contributor.authorSunde, Jacquelineen_ZA
dc.date.accessioned2015-07-02T08:34:01Z
dc.date.available2015-07-02T08:34:01Z
dc.date.issued2014en_ZA
dc.descriptionIncludes bibliographical references.en_ZA
dc.description.abstractCustomary systems of marine resource governance have gained increasing attention internationally in the past three decades. Notwithstanding this, and despite the Constitutional recognition of customary governance and customary law in South Africa, the post-apartheid legislative reforms in the fisheries sector have failed to recognise customary systems of marine resource governance. Drawing on a case-study of the Dwesa-Cwebe community in the Eastern Cape, South Africa, this research aimed to describe and understand the customary marine resource governance system of this community and its relationship to living customary law. It explores how this customary system of marine resource governance has interfaced with statutory and other systems of law in the past and how it continues to develop in the current context. The findings from this research highlight the distinctive nature of the customary system of marine resource governance practiced by the community of Dwesa-Cwebe and their expressions of living customary law embedded in this governance system. The nature of this system is foundationally different to that of a Western statutory governance system. This customary system of governance has interacted with the statutory system for over a century, in part distorted by this system but retaining its integrity. In the context of the Constitutional recognition of customary systems of governance and customary law, this governance system now requires understanding and recognition in a new system of marine resource governance in South Africa. This thesis explores the contribution that this system of customary governance can make towards promoting socially just smallscale fisheries in South Africa. It argues that harmonisation of the statutory and customary system of marine resource governance demands an approach to governance theory and practice that is able to imagine an alternative ‘ecology of governance’.en_ZA
dc.identifier.apacitationSunde, J. (2014). <i>Customary governance and expressions of living customary law at Dwesa-Cwebe: contributions to small-scale fisheries governance in South Africa</i>. (Thesis). University of Cape Town ,Faculty of Science ,Department of Environmental and Geographical Science. Retrieved from http://hdl.handle.net/11427/13275en_ZA
dc.identifier.chicagocitationSunde, Jacqueline. <i>"Customary governance and expressions of living customary law at Dwesa-Cwebe: contributions to small-scale fisheries governance in South Africa."</i> Thesis., University of Cape Town ,Faculty of Science ,Department of Environmental and Geographical Science, 2014. http://hdl.handle.net/11427/13275en_ZA
dc.identifier.citationSunde, J. 2014. Customary governance and expressions of living customary law at Dwesa-Cwebe: contributions to small-scale fisheries governance in South Africa. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Sunde, Jacqueline AB - Customary systems of marine resource governance have gained increasing attention internationally in the past three decades. Notwithstanding this, and despite the Constitutional recognition of customary governance and customary law in South Africa, the post-apartheid legislative reforms in the fisheries sector have failed to recognise customary systems of marine resource governance. Drawing on a case-study of the Dwesa-Cwebe community in the Eastern Cape, South Africa, this research aimed to describe and understand the customary marine resource governance system of this community and its relationship to living customary law. It explores how this customary system of marine resource governance has interfaced with statutory and other systems of law in the past and how it continues to develop in the current context. The findings from this research highlight the distinctive nature of the customary system of marine resource governance practiced by the community of Dwesa-Cwebe and their expressions of living customary law embedded in this governance system. The nature of this system is foundationally different to that of a Western statutory governance system. This customary system of governance has interacted with the statutory system for over a century, in part distorted by this system but retaining its integrity. In the context of the Constitutional recognition of customary systems of governance and customary law, this governance system now requires understanding and recognition in a new system of marine resource governance in South Africa. This thesis explores the contribution that this system of customary governance can make towards promoting socially just smallscale fisheries in South Africa. It argues that harmonisation of the statutory and customary system of marine resource governance demands an approach to governance theory and practice that is able to imagine an alternative ‘ecology of governance’. DA - 2014 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2014 T1 - Customary governance and expressions of living customary law at Dwesa-Cwebe: contributions to small-scale fisheries governance in South Africa TI - Customary governance and expressions of living customary law at Dwesa-Cwebe: contributions to small-scale fisheries governance in South Africa UR - http://hdl.handle.net/11427/13275 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/13275
dc.identifier.vancouvercitationSunde J. Customary governance and expressions of living customary law at Dwesa-Cwebe: contributions to small-scale fisheries governance in South Africa. [Thesis]. University of Cape Town ,Faculty of Science ,Department of Environmental and Geographical Science, 2014 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/13275en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Environmental and Geographical Scienceen_ZA
dc.publisher.facultyFaculty of Scienceen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherEnvironmental and Geographical Scienceen_ZA
dc.titleCustomary governance and expressions of living customary law at Dwesa-Cwebe: contributions to small-scale fisheries governance in South Africaen_ZA
dc.typeDoctoral Thesis
dc.type.qualificationlevelDoctoral
dc.type.qualificationnamePhDen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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