South Africa: Customary law, democratic decentralisation and women's land rights

A recent Constitutional Court judgment rendering the Communal Land Rights Act (CLARA) unconstitutional must not be allowed to throw decentralisation policy making into disarray, says this policy brief from Sindiso Mnisi of the Law, Race and Gender Research Unit at the University of Cape Town. 'Decentralisation holds much potential for lively, participatory democratic law making and enforcement, through which rural women can gain greater power and secure more rights. However, there are many challenges in the often fraught context of decentralised law and power.'