Faculty of Commerce, Law and Management (ETDs)
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Browsing Faculty of Commerce, Law and Management (ETDs) by Author "Abraham, Caryn"
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Item Land management and the use of communal land: The case of the Mchunu Traditional Authority and Alfred Duma Municipality(University of the Witwatersrand, Johannesburg, 2023) Khanyile, Nonkululeko Nomfundo; Abraham, CarynFor centuries, traditional leadership in Africa was the sole authority over traditional land. They were in charge of allocating and managing land. The beginnings of colonisation and, later, apartheid in South Africa, disrupted these functions by traditional authorities. This posed a significant challenge to the traditional authorities. African countries were decolonized in the years that followed. Following decolonisation and the apartheid government, the citizens in South Africa elected a democratic government that established laws that could regulate how traditional leaders performed their duties in areas under their jurisdiction. However, in 2013, the Spatial Planning and Land Use Management Act (SPLUMA) was introduced, and this act presented conflicts between traditional authorities and the local government. The conflict emanates as a result of ambiguities in the act that do not specify the particular roles of local government and traditional authorities in relation to land use management. The research looked into how the Mchunu Traditional Authority (MTA) and Alfred Duma Municipality in Ladysmith, KwaZulu Natal, interact on land governance issues. The study employed a qualitative research methodology and utilised snowball sampling. It used in-depth interviews to gather primary data. The questions focused on the governance interface between the two institutions and their distinct functions and roles. The study found that the local government and the traditional authorities are knowledgeable about their functions, which is contrary to some of the findings in studies referenced in the literature. It also found that the institutions have never experienced conflict on issues of land governance and continue to efficiently co- govern