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Sunday, July 19, 2020 | History

3 edition of Customary land law in Africa found in the catalog.

Customary land law in Africa

Frank M. Mifsud

Customary land law in Africa

with reference to legislation aimed at adjusting customary tenures to the needs of development

by Frank M. Mifsud

  • 357 Want to read
  • 40 Currently reading

Published by Food and Agriculture Organization of the United Nations in Rome .
Written in English

    Places:
  • Africa.
    • Subjects:
    • Land tenure -- Law and legislation -- Africa,
    • Inheritance and succession -- Africa

    • Edition Notes

      Bibliography: p. [95]-96.

      Statementby Frank M. Mifsud.
      SeriesFAO legislative series ;, no. 7
      Classifications
      LC ClassificationsLAW
      The Physical Object
      Paginationvi, 96 p.
      Number of Pages96
      ID Numbers
      Open LibraryOL5594582M
      LC Control Number68000094

      The South African Law Commission has begun to investigate customary laws to recommend changes to bring customary law in line with the Constitution. The South African Law Commission (SALC) is examining different parts of customary law with the aim of doing away with unfair discrimination – for example: in the customary laws on marriage and. land law of Ghana. In writing this book Mr. Justice Ollennu has made some changes in the lectures as given and has added a sub-stantial amount of new material. The result is an admirable book. The English reader may be surprised at the toughness and virility of the customary land law of Ghana, strikingly demon-strated in this book. The Author: C. C. Turpin.

      done in the context of and with comparison to the South African common law (Roman-Dutch law). I shall conclude the discussion with a few remarks on the influence of the common and constitutional law on customary law with a view to the future of customary law of succession (in its current form) in a mixed legal system such as that of South Africa. Officially, in terms of the Recognition of Customary Marriages Act, "'customary law' means the customs and usages traditionally observed among the indigenous African peoples of South Africa and form part of the culture of those peoples.".

      African Customary Law in South Africa: Post-Apartheid and Living Law Perspectives provides a clear introduction to African customary law in South Africa. The text provides a structure for understanding the nature and overarching system of customary law, illustrating the distinctness of African customary law in relation to other areas of South African law. Nov 27,  · Conflicts over land and threats to customary tenure in Africa today: Part One   In the first blog of this two-part series, Pauline Peters argues that ‘land grabs’ in Africa, and the debates that surround them, have only reinforced the political importance of relations around land in the texasbestchambers.com: Pauline Peters.


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Customary land law in Africa by Frank M. Mifsud Download PDF EPUB FB2

Principles of Customary Land Law in Ghana (Law in Africa) [nii ollennu] on texasbestchambers.com *FREE* shipping on qualifying texasbestchambers.com: nii ollennu. Dec 02,  · This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa.

It considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form, and status from legislation and common law.5/5(1). texasbestchambers.com: The Impact of Tanzania's New Land Laws on the Customary Land Rights of Pastoralists: A Case Study of the Simanjiro and Bariadi Districts (Recht und Politik in Afrika.

Law and Politics in Africa) (): Kennedy Gastorn: BooksFirst published: 07 Dec, By drawing on a range of materials, both legal and and anthropological, from South Africa and elsewhere in Africa, this book provides a comprehensive account of the major branches of customary law: marriage, divorce, succession, children, courts and procedures, tradtional leadership, Reviews: 3.

Get this from a library. Customary land law in Africa, with reference to legislation aimed at adjusting customary tenures to the needs of development.

[Frank M Mifsud]. Customary law has a great impact on the lives of the majority of Africans in the area of personal law in regard to matters such as marriage, inheritance, and traditional authority. 3 In its application, customary law is often discriminatory in such areas as bride price,Cited by: By drawing on a range of materials, both legal and and anthropological, from South Africa and elsewhere in Africa, this book provides a comprehensive account of the major branches of customary law: marriage, divorce, succession, children, courts and procedures, tradtional leadership, land tenure and the conflict of.

Sep 15,  · Two books on Ghanaian Customary Land Law were at the weekend launched to aid in research and guide legal practitioners and the public on documented landmark cases adjudicated in.

Protecting and enforcing the land rights of rural Africans may be best done by passing laws that elevate existing customary land rights up into nations' formal legal frameworks thereby making customary land rights equal to documented land claims.

Jul 18,  · Customary laws and traditional institutions in Africa constitute comprehensive legal systems that regulate the entire spectrum of activities from birth to death. Once the sole source of law, customary rules now exist in the context of pluralist legal systems with competing bodies of domestic constitutional law, statutory law, common law and international human rights treaties.

Customary Land Tenure in the Modern World Rights to Resources in Crisis: Reviewing the Fate of. Customary Tenure in Africa - Brief #1 of 5. This is the first in a series of briefs about modern African land tenure that provides up-to-date.

analysis on the status of customary land rights in Sub-Saharan Africa. The purpose of the series is to. Abstract Land embraces life generally. We live on it and finally rest on it The rules governing it are forever complex, because of tile conflicting claims to its ownership. It is for this reason it has been said that the study of land law is "a.

Obtaining accurate data on land under various forms customary tenure is still a challenge but some estimates suggest as much as 90 per cent of land in sub-Saharan Africa falls in this category (Boone, a,b: 2). About two thirds or billion hectares of all cultivated land in sub-Saharan Africa is thought to be under customary tenure (Wily, ).

Customary Law. Custom is a practice or established habit of behavior, particularly in the interaction among people involving issues that could have legal ramifications.

Collectively, common communal or cultural practices can evolve into a regime of legal norms considered customary law.

customary land users of two of their most relevant resources: water and land. Unfortunately, the results are often poverty and hunger.

Approximately one in ˜ve people around the world, report that they have paid a bribe for land services during the last year; in Africa, almost every second client of land administration services was a˚ected.

•An attempt to reduce the customary law of the former Anambra state into writing produced A manual of customary law by the Commissioner for Law Revision of former Anambra State Dr S.N Obi. •Those that argue for codification of customary law in a form like the ustomary Law Manual cited above argue that it will make customary law certain and no.

This study, in nineteen chapters, deals with the various issues pertaining to land law in Nigeria. Namely: Concept of ownership; ownership and communal land holding under customary land tenure; individual land ownership; family land ownership; alienation under customary law; nature of customary tenancy; pledge; the law of property; an overview of the effect of the Land Use Act on customary.

Customary law is, by definition, intrinsic to the life and custom of indigenous peoples and local communities. What has the status of “custom” and what amounts to “customary law”. This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa.

The volume considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form and status from legislation and common law. Customary land rights refer to the enjoyment of some use of land that arises through customary, unwritten practice rather than through written codified law.

In this context women’s movements in Africa have adopted a rights-based approach that challenges customary land and other practices. In doing so they have contradicted a new consensus among policymakers around the view that sees land tenure policy as building on customary systems and giving them legal recognition.Lloyd Fallers, Customary Law in the New African States, 27(4) Law & Contemp.

Probs. (Autumn ) (available in JSTOR). A.N. Allott, What Is to Be Done with African Customary Law?Other community land is held in common for shared use. Community land and resources may include farm land, forests, range lands, fishing areas, watering points, wildlife habitats, and sacred areas.

In most African countries, the majority of the population lives in rural areas, and holds land based on undocumented customary arrangements.