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Res Publica: A South African Perspective

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Type: Conference Paper
Author: Mbodla, Ntusi
Conference: Constituting the Commons: Crafting Sustainable Commons in the New Millennium, the Eighth Biennial Conference of the International Association for the Study of Common Property
Location: Bloomington, Indiana, USA
Conf. Date: May 31-June 4
Date: 2000
URI: https://hdl.handle.net/10535/2374
Sector: Social Organization
Land Tenure & Use
Region: Africa
Subject(s): IASC
common pool resources
Apartheid
parks
land tenure and use
indigenous institutions
property rights
common law
Abstract: "This paper is in four parts. First, I examine the role of the apartheid law in disfiguring the common law notion of res publica. Secondly, I look at the perceived conflict between public property and land restitution in terms Restitution of Land Rights Act 22 of 1994, as amended. Thirdly, I look at specific issues such as whether indigenous/rural communities subsistence needs should be recognised, and more specifically, whether they should have a place within the National Parks. Last, but by no means the least, a possible solution is determined. It should be noted that this paper will begin as a broad theme on res publica but in the course of the presentation attention will be bestowed upon National Parks i.e. a kind of res publica."

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