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28 November 2018 | Story Charlene Stanley
Law home read more
Back row, from the left: Prof Danie Brand (Director of the Free State Centre for Human Rights), workshop co-organiser Helen Carr (Kent University), and Ellen Maphalane (home owner) with workshop participants during a visit to Ms Maphalane’s home, an example of alternatively constructed housing in Bloemfontein.

The body of a sixty-year-old homeless man is discovered in a tent on the outskirts of Canterbury, Kent, UK. Cursory research reveals that he had been refused a place on the council’s housing register and that he was a former member of the British armed forces – a group that makes up close to a quarter of the ‘rough sleepers’ in London. This raises questions about the complex relationship of politics, campaigning, gender, and welfare in homelessness law, policy, and practice.

Jump across the Atlantic Ocean to Klapmuts, Western Cape, South Africa, where beneficiaries of an RDP housing project are benefiting from the shelter provided in the form of private home ownership. Yet, they are not using these assets to its full potential, e.g. as security for credit to start or expand a business. This raises questions about whether the less expensive route of providing public housing with tenure security would not be a better option.

International workshop on housing

Diverse issues such as these came up for discussion as planners, geographers, architects, art historians, social activists, and lawyers recently met during a workshop at the University of the Free State to discuss what a home constitutes, and how best to provide and protect homes in a sustainable and inclusive manner in 21st century cities. The workshop was hosted by the Free State Centre for Human Rights on the Bloemfontein Campus.

Participants presented papers and engaged in discussions on home-related topics as diverse as Hannah Arendt’s conception of the intimate and political spheres; Henri Lefebvre’s notion of a right to the city; alternative, environmentally conscious building methods; court cases dealing with the concept of home; the right to a domestic garden as a component of the right to a home; and constructing the home as a subversive and empowering alternative when it comes to giving birth.

Going forward

The same group of participants will meet for a follow-up workshop at Kent University in the UK in February 2019, and a third workshop in Belo Horizonte in Brazil in June 2019, with the project culminating in the publication of an inter-disciplinary book containing the papers workshopped at the three events.

News Archive

Democracy and traditional leadership in rural areas explored
2017-09-22

Description: Democracy Tags: Democracy, customary law, human rights, research, constitution 

Prof Lungisile Ntsebeza, recipient of the NRF Hamilton
Naki Award
Photo: Supplied


The Free State Centre for Human Rights held a presentation by Prof Lungisile Ntsebeza on 7 September 2017 at the University of the Free State (UFS) Bloemfontein Campus on the topic of democracy and traditional leadership in rural areas. Prof Ntsebeza is the holder of the AC Jordan Chair in African Studies at the University of Cape Town and the holder of the National Research Foundation (NRF) Research Chair in Land Reform and Democracy in South Africa. 

Conflict between democracy and traditional rule
The topic of democracy and traditional leadership in the rural areas is an example of the tension between democracy and customary law governing the appointment of traditional leaders (headmen) that is currently at play in many parts of the country. Prof Ntsebeza made reference to a court case in the Eastern Cape, where a community successfully challenged the appointment of a headman by the royal family of the area. The contention was whether royal families could appoint headmen in rural communities or if those communities ought to democratically elect their own leaders. He argued that in this specific case, the democratic imperatives of the Constitution did not conflict with customary law because of the particular communal practice of electing leaders. 

The Constitution and customary law

The Constitution of South Africa recognises customary law provisions which are not in conflict with its fundamental values. Difficult legitimacy problems may arise where customary practices are different from those governing this particular case. Ultimately the Constitutional Court would be called upon to resolve inherent tensions and develop customary law in line with the direction foreseen in the Constitution.

Student engagement as a vehicle for change
The event was attended by UFS staff and fourth-year LLB students in the Faculty of Law, and was funded by the Free State Centre for Human Rights at UFS. The programme is one of several that the centre seeks to utilise in engaging students with researchers and scholars in the field of law and human rights. Prof Ntsebeza has given academic presentations on various related and trending topics in the current academic climate, such as decolonising the curriculum, Cecil John Rhodes and others. He was recently awarded the Hamilton Naki Award at the 2017 National Research Foundation Awards.

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