scholarly journals Chief’s justice?: Mining, accountability and the law in the Bakgatla-ba-Kgafela Traditional Authority Area

Author(s):  
Sonwabile Mnwana

Drawing on research conducted in the Bakgatla-ba-Kgafela traditional authority area in North West Province, this article explores how the expansion of platinum mining on communal land is generating resistance to a local chief. The point at issue is the chief’s refusal to account for the mining revenues and business transactions that his traditional authority manages on the community’s behalf. The article argues that the North West High Court’sinterpretation of customary law not only leaves the chief’s unaccountability unchecked but also endorses the punishment of village activists who call the chief to account. Hence it remains extremely difficult for ordinary rural residents to challenge the chief to account for vast mineral revenues that he controls on behalf of their communities. Consequently rural anti-corruption activists are losing faith in the justice system.

Author(s):  
Sonwabile Mnwana

Drawing on research conducted in the Bakgatla-ba-Kgafela traditional authority area in North West Province, this article explores how the expansion of platinum mining on communal land is generating resistance to a local chief. The point at issue is the chief’s refusal to account for the mining revenues and business transactions that his traditional authority manages on the community’s behalf. The article argues that the North West High Court’s interpretation of customary law not only leaves the chief’s unaccountability unchecked but also endorses the punishment of village activists who call the chief to account. Hence it remains extremely difficult for ordinary rural residents to challenge the chief to account for vast mineral revenues that he controls on behalf of their communities. Consequently rural anti-corruption activists are losing faith in the justice system.


2021 ◽  
Vol 25 (spe) ◽  
pp. 1-21
Author(s):  
Madikgomo More

The purpose of the article was to explore the roles and functions of the institution of traditional authority in contributing to access to justice or providing a form of justice through the preservation of customary law to the people of the Okombahe community in the Erongo Region of Namibia. The article's aim was to investigate the factors that have contributed to the institution's resilience and how this resilience may be tied to the type of justice this customary institution provides and represents. The institution of traditional authority has recently caught the attention of both scholars and policymakers due to the increasing return or revival of this "ancient" form of governance in the contemporary era that is constantly changing its procedures and rules of appointment to adapt to contemporary concerns and social problems. The scope of traditional leaders' jurisdiction and power is defined in the roles and functions they fulfil. As a popular legitimate informal institution in Okombahe, traditional leaders were found to manage and resolve conflict, and to preserve communal identity, unity, and continuity. This article highlights the significance of the institution of traditional authority as a legitimate customary institution originating from the bottom-up, and as a system that can be complementary to democracy as opposed to the assumption sometimes held that it is contesting with it. In Okombahe, the institution of traditional authority was found to contribute to providing an accessible justice system option grounded in this community's identity, history and social norms. The data collection employed for this qualitative case study of Okombahe consisted of interviews, supporting documents, and relevant scientific articles.


Bothalia ◽  
2011 ◽  
Vol 41 (2) ◽  
pp. 327-339
Author(s):  
A. J. H. Lamprecht ◽  
S. S. Cilliers ◽  
A. R. Götze ◽  
M. J. Du Toit

The Norite Koppies Bushveld vegetation type boasts a distinctive and contrasting topography and species composition easily distinguished from that of surrounding areas. A phytosociological study was done on the leased mining area of the Impala Platinum Mining Company north of Rustenburg in the North-West Province. Similar norite koppies, situated west of the Norite Koppies Bushveld vegetation, and not yet mapped by Mucina Rutherford (2006), were identified in the study area and phytosociologically described. Six plant communities and two subcommunities were identified. Multivariate statistical analyses (correspondence analyses) confirmed that the species composition of these areas corresponds with and does therefore form part of the Norite Koppies Bushveld vegetation type as described by Mucina Rutherford (2006). Some of these communities contain Boscia albitrunca, a protected plant species, and should therefore be considered as areas with conservation value.


Author(s):  
Vanessa Louise Shaw

Purpose – The purpose of this paper is to improve the health and criminal justice outcomes for people who come into contact with the criminal justice system. People with learning disabilities (LD) are particularly vulnerable to health and social inequalities within the criminal justice system. Design/methodology/approach – Using examples from practice, this paper discusses some of the challenges and achievements experienced by a LD nurse employed within a liaison and diversion service within the North-West of England. Findings – Whilst the specific functions of liaison and diversion practitioners are detailed by National Health Service (NHS) England (2014), complexities in communication, multi-disciplinary working and role recognition affect the embedment of the role in practice. Research limitations/implications – The implications for practice are identified and recommendations for further research made. These seek to evaluate the impact of liaison and diversion services from the perspectives of LD nurses within liaison and diversion services, people with LD, their families and the wider multi-disciplinary team. Originality/value – NHS England (2015) are in the process of evaluating of liaison and diversion services. This paper adds to the evaluation by discussing the experiences of a LD nurse within a liaison and diversion service through the inclusion of activity data and illustrative examples.


1989 ◽  
Vol 17 (3) ◽  
pp. 24-35
Author(s):  
Clare Mann

Aboriginal people in Western Australia experience very high rates of imprisonment. In June 1985 the percentage of Aboriginal people in prisons in Western Australia was 32.7% (Walker and Biles 1986:23) and a large number of these were young men. Aboriginal people constitute 2.5% of the total population of Western Australia which means they are over represented at a rate of 12%(W.A.A.E.C.G. 1987:32). These figures have been extensively researched and documented (Hazlehurst 1987, Eggleston 1976 and Martin and Newby 1986) perhaps to the detriment of Aboriginal people (Parker 1987:140). Parker believes these high rates are due to the socio-economic and political status of Aboriginal people in our society, and suggests education programs about Aboriginal culture should be introduced to judicial agents accompanied by "the promotion of Aboriginal autonomy and independence in the areas of health, housing, education and employment" (Parker 1987:137). Broadhurst (1987:152) reinforces this view, asserting that the over representation of Aboriginal people in the criminal justice system is a result of deprivation and economic dependence and the development of the north-west, rather than an aspect of Aboriginality (Broadhurst 1987:179). He urges that prisons be used as a ’last resort‘.


2008 ◽  
Vol 1 (1) ◽  
pp. 105-121
Author(s):  
Sultan -i- Rome

This paper presents a study of riwaj (customary law) in the traditional society of the present-day Provincially Administered Tribal Areas (PATA) of the North-West Frontier Province, Pakistan. Under riwaj only males could own land; women had no right to inherit land. During the Swat State era (1915-1969), on the whole, the traditional practice remained the law of inheritance and ownership of land under which the women folk were not entitled to inherit. However, during the reign of Miangul Jahanzeb in some cases the women were given the right to inherit and own land. The pattern of land ownership remained the same, in general, after the merger of the state in 1969. In this scenario, The West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 (W. P. Act V of 1962), with exception to the proviso of section 3 and 7, was extended to the area on 15 January 1976. Although extension of The West Pakistan Muslim Personal Law (Shariat) Application Act, 1962, brought no practical change for the time being, its extension along with the land settlement carried out by the provincial revenue department, in most of the study area, were destined to bring the required change.


Author(s):  
Boitumelo Matlala

Members of the Bakgatla-ba-Kgafela traditional community have attempted to hold their traditional leader to account for decisions affecting the community. This article describes the interactions between some community members, traditional leaders, the state and courts, as members of the community have sought to challenge unilateral action by the traditional leader with regard to how community assets and revenue are managed and accounted for. The article examines the various actions groups and individuals have resorted to in an effort to confront traditional leadership and appeal to politicians, officials and the North West provincial government.


Author(s):  
Elena A. Okladnikova ◽  

The paper introduces the results of sociocultural studies conducted in rural areas of the Leningrad region (2015–1018). The purpose of the field study was to explore the attitudes of collective consciousness of respondents in respect of the revered landscape objects of their small homeland. This implied detecting perceptions of rural residents of Volosovsky, Kingisepp, Gatchina, Luga districts of the Leningrad region, focused on the maintenance of historical memory. Therefore, as an object of research, we chose the views (meanings) that our respondents associated with the revered landscape objects (cult stones, sacred groves, trees, springs, etc.). These very objects are the markers of sacred landscape of the territories. The research has resulted in dividing all of our respondents (N=179), with whom we have worked with a method of narrative interviews into three groups: of “Connoisseurs”, i.e. people who are able to answer our questions, “Improvisers” — people who gave visionary fantasy and vague answers and “Profanes” — who proved unable to give answers to our questions. The majority of respondents, both men and women were in the group of “Profanes” (59%), the number of “Improvisers” — 29%, and “Experts” — 12%. The prevalence of people who were not interested in the history of their small homeland in our society is alarming. The fading of this interest shows: the failure of symbolic policy of the state, the urgent need to create positive attitudes to the sacred landscapes of the North-West of Russia as a whole, as a source of spiritual, ethno-cultural, socio-cultural identification of the population. That said the study revealed prospects for the use of this spiritual and historical resource in scientific, educational and educational-pragmatic (cognitive, pilgrimage tourism) purposes.


Author(s):  
Daryl A. Cornish ◽  
George L. Smit

Oreochromis mossambicus is currently receiving much attention as a candidater species for aquaculture programs within Southern Africa. This has stimulated interest in its breeding cycle as well as the morphological characteristics of the gonads. Limited information is available on SEM and TEM observations of the male gonads. It is known that the testis of O. mossambicus is a paired, intra-abdominal structure of the lobular type, although further details of its characteristics are not known. Current investigations have shown that spermatids reach full maturity some two months after the female becomes gravid. Throughout the year, the testes contain spermatids at various stages of development although spermiogenesis appears to be maximal during November when spawning occurs. This paper describes the morphological and ultrastructural characteristics of the testes and spermatids.Specimens of this fish were collected at Syferkuil Dam, 8 km north- west of the University of the North over a twelve month period, sacrificed and the testes excised.


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