Understanding women's claim to land in an Eastern Cape Village

dc.contributor.advisorSmythe, Dee
dc.contributor.authorLuwaya, Nolundi
dc.date.accessioned2019-02-22T12:11:59Z
dc.date.available2019-02-22T12:11:59Z
dc.date.issued2018
dc.date.updated2019-02-19T06:34:20Z
dc.description.abstractThe history of land dispossession in South Africa affected communities in the former homelands in multiple ways. The laws used to implement policies of segregation and dispossession undermined the rights to land held by black South Africans living in the countryside. Women living in these communities suffered under the dual burden of diminished status in the eyes of the law and landlessness. This history has shaped the current reality of women living on communal land in rural South Africa and has influenced the development and security of their land rights. In the context of a Constitutionally protected right to secure tenure, this dissertation discusses relevant literature, past legislative interventions and present-day laws, bills and policies in order to foreground the powerful role of framing in determining whose land rights are recognised and protected. Drawing on further literature and empirical research I discuss the interaction between top down approaches to framing laws and the assignment of status, an aspect that is crucial for black women. I discuss this alongside the lived experiences of women claiming residential land in a rural Eastern Cape community in order to foreground the inherent shortcomings of such top down approaches and their inability to fully recognise and protect the land rights of rural women.
dc.identifier.apacitationLuwaya, N. (2018). <i>Understanding women's claim to land in an Eastern Cape Village</i>. (). University of Cape Town ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/29793en_ZA
dc.identifier.chicagocitationLuwaya, Nolundi. <i>"Understanding women's claim to land in an Eastern Cape Village."</i> ., University of Cape Town ,Faculty of Law ,Department of Public Law, 2018. http://hdl.handle.net/11427/29793en_ZA
dc.identifier.citationLuwaya, N. 2018. Understanding women's claim to land in an Eastern Cape Village. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Luwaya, Nolundi AB - The history of land dispossession in South Africa affected communities in the former homelands in multiple ways. The laws used to implement policies of segregation and dispossession undermined the rights to land held by black South Africans living in the countryside. Women living in these communities suffered under the dual burden of diminished status in the eyes of the law and landlessness. This history has shaped the current reality of women living on communal land in rural South Africa and has influenced the development and security of their land rights. In the context of a Constitutionally protected right to secure tenure, this dissertation discusses relevant literature, past legislative interventions and present-day laws, bills and policies in order to foreground the powerful role of framing in determining whose land rights are recognised and protected. Drawing on further literature and empirical research I discuss the interaction between top down approaches to framing laws and the assignment of status, an aspect that is crucial for black women. I discuss this alongside the lived experiences of women claiming residential land in a rural Eastern Cape community in order to foreground the inherent shortcomings of such top down approaches and their inability to fully recognise and protect the land rights of rural women. DA - 2018 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2018 T1 - Understanding women's claim to land in an Eastern Cape Village TI - Understanding women's claim to land in an Eastern Cape Village UR - http://hdl.handle.net/11427/29793 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/29793
dc.identifier.vancouvercitationLuwaya N. Understanding women's claim to land in an Eastern Cape Village. []. University of Cape Town ,Faculty of Law ,Department of Public Law, 2018 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/29793en_ZA
dc.language.isoeng
dc.publisher.departmentDepartment of Public Law
dc.publisher.facultyFaculty of Law
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherPublic Law
dc.titleUnderstanding women's claim to land in an Eastern Cape Village
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLM
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