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    Reconciling Living Customary Law and Democratic Decentralisation to Ensure Women's Land Rights Security

    PLAAS Policy Brief 32

    Policy Papers & Briefs
    January, 2010
    South Africa
    women
    land rights
    land policies
    gender equity in access to land

    The recent Constitutional Court judgment rendering the Communal Land Rights Act (CLARA) unconstitutional (Tongoane and Others v Minister for Agriculture and Land Affairs and Others) must not be allowed to throw decentralisation policy making into disarray. Decentralisation holds much potential for lively, participatory democratic law making and enforcement, through which rural women can gain greater power and secure more rights. 

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