Geographical, historical, political and social bases of customary land tenure relations

TL;DRAbstract

Land disputes in Africa arise in association with unique constellations of geographical, historical, political and social conditions. Geography provides Africans with the natural resource base for the exploitation of land, but differing geographical conditions also present individuals with various reasons for dispute. Historical circumstances determine which system of European law, including land law, will be introduced into a country, and how it will be meshed with customary law. Political structures provide the administrative framework for land control, including land dispute resolution procedures, but also the incentive for confrontations about land. Social organization provides the kinship and age class framework for realization of land rights. Patterns of organization prescribe how people are spatially arranged in homestead units, and thus the kinds of land disputes which arise between kin and neighbours. In Swaziland, as elsewhere in Africa, participants in land disputes strategi

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