Traditional leadership and the use of cultural laws in land administration: implications for rural women's land rights in a transforming South Africa
- Authors: Ntwasa, Bayanda
- Date: 2009
- Subjects: Land tenure -- South Africa , Rural women -- South Africa , Tribal government -- South Africa , Land use, Rural -- South Africa , Right of property -- South Africa , Women's rights -- South Africa , Chiefdoms -- South Africa , Political leadership -- South Africa
- Language: English
- Type: Thesis , Masters , M Soc Sc (Rural Development)
- Identifier: vital:11938 , http://hdl.handle.net/10353/134 , Land tenure -- South Africa , Rural women -- South Africa , Tribal government -- South Africa , Land use, Rural -- South Africa , Right of property -- South Africa , Women's rights -- South Africa , Chiefdoms -- South Africa , Political leadership -- South Africa
- Description: This dissertation critically examines how traditional leaders use cultural laws to allocate land to women and to allow women to participate in land administration in communal areas. Given the government's commitment to gender equity in all spheres of life as stipulated in Section 9 (3) of the South African Constitution (Act 108 of 1996), the dissertation examines whether related legislation and policy (such as CLARA and TLGFA) alone can guarantee equitable access to land for women and their participation in land administration structures in communal areas where patriarchy dominates. In essence, the study interrogates whether state intervention through formalizing laws that govern land matters do achieve gender equity while cultural laws still exist in communal areas. Based on the view that land in communal areas is held by the state and administered by traditional leaders who have historically discriminated against women, the dissertation employs a case study method to examine whether cultural laws are exercised when women apply for a piece of land at the three levels of traditional authority viz: village, sub-village and traditional council levels in the Matolweni village of the Nqadu Tribal Authority. Although women are often the de facto rights holders in rural areas as a result of male migration to urban areas, findings seem to indicate that it is difficult and/or sometimes impossible to translate paper laws into practice while cultural laws are still operating. For effective transformation to occur, the study recommends that unless a strong women's rural movement emerges, coupled with a socialist feminist position that advocates for a radical transformation of rural society to defeat the patriarchal norms and standards, traditional leaders will continue to discriminate against women in land issues.
- Full Text:
- Date Issued: 2009
- Authors: Ntwasa, Bayanda
- Date: 2009
- Subjects: Land tenure -- South Africa , Rural women -- South Africa , Tribal government -- South Africa , Land use, Rural -- South Africa , Right of property -- South Africa , Women's rights -- South Africa , Chiefdoms -- South Africa , Political leadership -- South Africa
- Language: English
- Type: Thesis , Masters , M Soc Sc (Rural Development)
- Identifier: vital:11938 , http://hdl.handle.net/10353/134 , Land tenure -- South Africa , Rural women -- South Africa , Tribal government -- South Africa , Land use, Rural -- South Africa , Right of property -- South Africa , Women's rights -- South Africa , Chiefdoms -- South Africa , Political leadership -- South Africa
- Description: This dissertation critically examines how traditional leaders use cultural laws to allocate land to women and to allow women to participate in land administration in communal areas. Given the government's commitment to gender equity in all spheres of life as stipulated in Section 9 (3) of the South African Constitution (Act 108 of 1996), the dissertation examines whether related legislation and policy (such as CLARA and TLGFA) alone can guarantee equitable access to land for women and their participation in land administration structures in communal areas where patriarchy dominates. In essence, the study interrogates whether state intervention through formalizing laws that govern land matters do achieve gender equity while cultural laws still exist in communal areas. Based on the view that land in communal areas is held by the state and administered by traditional leaders who have historically discriminated against women, the dissertation employs a case study method to examine whether cultural laws are exercised when women apply for a piece of land at the three levels of traditional authority viz: village, sub-village and traditional council levels in the Matolweni village of the Nqadu Tribal Authority. Although women are often the de facto rights holders in rural areas as a result of male migration to urban areas, findings seem to indicate that it is difficult and/or sometimes impossible to translate paper laws into practice while cultural laws are still operating. For effective transformation to occur, the study recommends that unless a strong women's rural movement emerges, coupled with a socialist feminist position that advocates for a radical transformation of rural society to defeat the patriarchal norms and standards, traditional leaders will continue to discriminate against women in land issues.
- Full Text:
- Date Issued: 2009
Stirring the hornet's nest: women's citizenship and childcare in post-apartheid South Africa
- Authors: Alfers, Laura Corrigall
- Date: 2006
- Subjects: Women's rights -- South Africa , Citizenship -- South Africa , Women -- Political activity , Feminist theory -- Political aspects , Child care -- South Africa , Sex discrimination against women
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2757 , http://hdl.handle.net/10962/d1002967 , Women's rights -- South Africa , Citizenship -- South Africa , Women -- Political activity , Feminist theory -- Political aspects , Child care -- South Africa , Sex discrimination against women
- Description: It is a widely acknowledged fact that women’s access to the full rights of citizenship in the liberal state is restricted because of their unequal responsibility for childcare. The South African state, however, despite its theoretical commitment to gender equality, has failed substantially to engage with the issue of childcare and women’s citizenship. This is problematic because in failing to envisage a role for itself in supporting women with their responsibility for childcare, the state has not only neglected its Constitutional commitments to gender equality, but it has also failed to realise the benefits that could potentially accrue to children if women’s access to economic citizenship is not hampered by childcare. Recognising this problem, this thesis attempts to engender some debate as to how the South African state could feasibly correct this failure. In doing so, it uses feminist political theory as a basis and takes a critical view of the two childcare policies that have dominated the debate over women’s citizenship and childcare in Western liberal democracies – socialised care and the neofamilialist model. In concluding it attempts to provide an idea of what feasible, state-based childcare policies could look like in present-day South Africa.
- Full Text:
- Date Issued: 2006
- Authors: Alfers, Laura Corrigall
- Date: 2006
- Subjects: Women's rights -- South Africa , Citizenship -- South Africa , Women -- Political activity , Feminist theory -- Political aspects , Child care -- South Africa , Sex discrimination against women
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2757 , http://hdl.handle.net/10962/d1002967 , Women's rights -- South Africa , Citizenship -- South Africa , Women -- Political activity , Feminist theory -- Political aspects , Child care -- South Africa , Sex discrimination against women
- Description: It is a widely acknowledged fact that women’s access to the full rights of citizenship in the liberal state is restricted because of their unequal responsibility for childcare. The South African state, however, despite its theoretical commitment to gender equality, has failed substantially to engage with the issue of childcare and women’s citizenship. This is problematic because in failing to envisage a role for itself in supporting women with their responsibility for childcare, the state has not only neglected its Constitutional commitments to gender equality, but it has also failed to realise the benefits that could potentially accrue to children if women’s access to economic citizenship is not hampered by childcare. Recognising this problem, this thesis attempts to engender some debate as to how the South African state could feasibly correct this failure. In doing so, it uses feminist political theory as a basis and takes a critical view of the two childcare policies that have dominated the debate over women’s citizenship and childcare in Western liberal democracies – socialised care and the neofamilialist model. In concluding it attempts to provide an idea of what feasible, state-based childcare policies could look like in present-day South Africa.
- Full Text:
- Date Issued: 2006
Conservatism and change: the refashioning of gender relations from 1870 to 1914: a case study of East London
- Authors: Vernon, Gillian Noël
- Date: 1998
- Subjects: Women -- South Africa -- East London , Women -- South Africa -- Social conditions , Women's rights -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2567 , http://hdl.handle.net/10962/d1002420 , Women -- South Africa -- East London , Women -- South Africa -- Social conditions , Women's rights -- South Africa
- Description: This is a case study of East London from 1870 to 1914 with gender as the critical analytical category. The focus is on change in the structure of gender relations, evaluated in terms of the recognition of the rights of women and their status in society and women of all race groups are dealt with. A feature of the source material has been the use made of oral history where interviews were conducted with the descendants of women who lived during the study period. There were many indirect factors which had a retrogressive influence on progressive change in the rights and position of women. The initial small size of the population and unbalanced gender ratios, the few natural resources, a small and limited port and periodic unpredictable natural disasters gave rise to a 'boom and burst' economy with very little industry. The result was that initially the women were very conservative and unwilling to make social changes. The military occupation and the outbreak of hostilities in the late 1870s affected social and racial attitudes detrimentally. The entrenched patriarchal system, under which both black and white women lived, and the legal controls, particularly in the marital situation, reinforced the subordination of women, making the system difficult to break. Further conservative forces were at work with the European class system being well entrenched, with most women working for upward mobility, gentrification and respectability. Wealth was critical in determining status and those women from the working class, who had achieved some degree of wealth and status, were not prepared to challenge the system. Religion was important for nearly all white women and converted black women, but was a retarding influence in the growth of feminist consciousness. Little progress was made in improving the condition of women who transgressed the law, the non-respectable women, and ethnicity made no difference. Progress was made in gender relations for women in some fields. The reduction in family size and the improvement in health, gave women more time and energy for public affairs. Participation in sport helped women discard the image of being weak and frail and also improved health. Educational opportunities allowed some to get tertiary training and obtain proper qualifications to earn a living for themselves. Xhosa women who came into the town, made a major break with traditional society and many became independent. The major impetus for change came through women's associations, where women actively worked together and achieved some positive results. Middle class white women could earn an independent living without losing respectability, although it was accepted that women should give up paid employment on marriage. Black women broke traditional ties and many urban women became independent. Conditions for working class and non-respectable women changed very little. A deduction is that many women, both white and black, had sympathy for one another and they created a fund of goodwill on both sides of the colour line.
- Full Text:
- Date Issued: 1998
- Authors: Vernon, Gillian Noël
- Date: 1998
- Subjects: Women -- South Africa -- East London , Women -- South Africa -- Social conditions , Women's rights -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2567 , http://hdl.handle.net/10962/d1002420 , Women -- South Africa -- East London , Women -- South Africa -- Social conditions , Women's rights -- South Africa
- Description: This is a case study of East London from 1870 to 1914 with gender as the critical analytical category. The focus is on change in the structure of gender relations, evaluated in terms of the recognition of the rights of women and their status in society and women of all race groups are dealt with. A feature of the source material has been the use made of oral history where interviews were conducted with the descendants of women who lived during the study period. There were many indirect factors which had a retrogressive influence on progressive change in the rights and position of women. The initial small size of the population and unbalanced gender ratios, the few natural resources, a small and limited port and periodic unpredictable natural disasters gave rise to a 'boom and burst' economy with very little industry. The result was that initially the women were very conservative and unwilling to make social changes. The military occupation and the outbreak of hostilities in the late 1870s affected social and racial attitudes detrimentally. The entrenched patriarchal system, under which both black and white women lived, and the legal controls, particularly in the marital situation, reinforced the subordination of women, making the system difficult to break. Further conservative forces were at work with the European class system being well entrenched, with most women working for upward mobility, gentrification and respectability. Wealth was critical in determining status and those women from the working class, who had achieved some degree of wealth and status, were not prepared to challenge the system. Religion was important for nearly all white women and converted black women, but was a retarding influence in the growth of feminist consciousness. Little progress was made in improving the condition of women who transgressed the law, the non-respectable women, and ethnicity made no difference. Progress was made in gender relations for women in some fields. The reduction in family size and the improvement in health, gave women more time and energy for public affairs. Participation in sport helped women discard the image of being weak and frail and also improved health. Educational opportunities allowed some to get tertiary training and obtain proper qualifications to earn a living for themselves. Xhosa women who came into the town, made a major break with traditional society and many became independent. The major impetus for change came through women's associations, where women actively worked together and achieved some positive results. Middle class white women could earn an independent living without losing respectability, although it was accepted that women should give up paid employment on marriage. Black women broke traditional ties and many urban women became independent. Conditions for working class and non-respectable women changed very little. A deduction is that many women, both white and black, had sympathy for one another and they created a fund of goodwill on both sides of the colour line.
- Full Text:
- Date Issued: 1998
Conscientious objection and South African medical practitioners' constructions of termination of pregnancy and emergency contraception
- Authors: Chiwandire, Desire
- Date: 2015
- Subjects: Abortion -- South Africa , Abortion -- Moral and ethical aspects -- South Africa , Emergency contraceptives -- South Africa , Contraception -- Moral and ethical aspects -- South Africa , Medical personnel -- Attitudes -- South Africa , Patients -- Legal status, laws, etc. -- South Africa , Reproductive rights -- South Africa , Women's rights -- South Africa , Liberty of conscience
- Language: English
- Type: Thesis , Masters , MSocSc
- Identifier: vital:2888 , http://hdl.handle.net/10962/d1017863
- Description: Aim: The 1996 Choice on Termination of Pregnancy Act decriminalized abortion in South Africa and the South African Medicines Control Council in 2000 approved the dispensing of emergency contraceptive methods by pharmacists to women without a doctor's prescription. This legislation has been hailed as among the most progressive in the world with respect to women's reproductive justice. However the realisation of these rights in practice has not always met expectations in part due to medical practitioners' ethical objections to termination of pregnancy and the provision of related services. The aim of this study was to interpret the varying ways in which medical practitioners frame termination of pregnancy and emergency contraceptive services, their own professional identities and that of their patients/clients. Methods: Sample of 58 doctors and 59 pharmacists drawn from all nine provinces of South Africa. Data collected using an anonymous confidential internet-based self-administered questionnaire. Participants were randomly recruited from online listings of South African doctors and pharmacists practicing in both private and public sectors. Data were analysed using theoretically derived qualitative content analysis. Results: Participants drew on eight frames to justify their willingness or unwillingness to provide termination-of-pregnancy related services: the foetal life frame, the women's rights frame, the balancing frame, the social justice frame, the do no harm frame, the legal and professional obligation frame, the consequences frame and the moral absolutist frame. Conclusion: Health professionals' willingness or unwillingness to provide termination of pregnancy related services is highly dependent on how they frame or understand termination of pregnancy, and how they understand their own professional identities and those of their patients/clients.
- Full Text:
- Date Issued: 2015
- Authors: Chiwandire, Desire
- Date: 2015
- Subjects: Abortion -- South Africa , Abortion -- Moral and ethical aspects -- South Africa , Emergency contraceptives -- South Africa , Contraception -- Moral and ethical aspects -- South Africa , Medical personnel -- Attitudes -- South Africa , Patients -- Legal status, laws, etc. -- South Africa , Reproductive rights -- South Africa , Women's rights -- South Africa , Liberty of conscience
- Language: English
- Type: Thesis , Masters , MSocSc
- Identifier: vital:2888 , http://hdl.handle.net/10962/d1017863
- Description: Aim: The 1996 Choice on Termination of Pregnancy Act decriminalized abortion in South Africa and the South African Medicines Control Council in 2000 approved the dispensing of emergency contraceptive methods by pharmacists to women without a doctor's prescription. This legislation has been hailed as among the most progressive in the world with respect to women's reproductive justice. However the realisation of these rights in practice has not always met expectations in part due to medical practitioners' ethical objections to termination of pregnancy and the provision of related services. The aim of this study was to interpret the varying ways in which medical practitioners frame termination of pregnancy and emergency contraceptive services, their own professional identities and that of their patients/clients. Methods: Sample of 58 doctors and 59 pharmacists drawn from all nine provinces of South Africa. Data collected using an anonymous confidential internet-based self-administered questionnaire. Participants were randomly recruited from online listings of South African doctors and pharmacists practicing in both private and public sectors. Data were analysed using theoretically derived qualitative content analysis. Results: Participants drew on eight frames to justify their willingness or unwillingness to provide termination-of-pregnancy related services: the foetal life frame, the women's rights frame, the balancing frame, the social justice frame, the do no harm frame, the legal and professional obligation frame, the consequences frame and the moral absolutist frame. Conclusion: Health professionals' willingness or unwillingness to provide termination of pregnancy related services is highly dependent on how they frame or understand termination of pregnancy, and how they understand their own professional identities and those of their patients/clients.
- Full Text:
- Date Issued: 2015
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