Publications – Land Labour Tenants Diploma

The Land Is Ours – Black Lawyers And The Birth Of Constitutionalism In South Africa

Tembeka Ngcukaitobi

The Land Is Ours tells the story of South Africa’s first black lawyers, who operated in the late nineteenth and early twentieth centuries. In an age of aggressive colonial expansion, land dispossession and forced labour, these men believed in a constitutional system that respected individual rights and freedoms, and they used the law as an instrument against injustice.

The book follows the lives, ideas and careers of Henry Sylvester Williams, Alfred Mangena, Richard Msimang, Pixley ka Isaka Seme, Ngcubu Poswayo and George Montsioa, who were all members of the ANC. It analyses the legal cases they took on, explores how they reconciled the law with the political upheavals of the day, and considers how they sustained their fidelity to the law when legal victories were undermined by politics.

The Land Is Ours shows that these lawyers developed the concept of a Bill of Rights, which is now an international norm. The book is particularly relevant in light of current calls to scrap the Constitution and its protections of individual rights: it clearly demonstrates that, from the beginning, the struggle for freedom was based on the idea of the rule of law.

Why has land reform been such a failure in South Africa? by

Tembeka Ngcukaintobi

Will expropriation without compensation solve the problem? What can be done to get the land programme back on track?

In his new book, Tembeka Ngcukaitobi tackles these questions, and more. Going back in history, he shows how Africans’ communal land ownership was used by colonial rulers to deny that Africans owned the land at all. He explores the effect of the Land Acts, Bantustans and forced removals. And he considers the ANC’s policies on land throughout the twentieth century, during the negotiations of the 1990s, and in government.

Land Matters unpacks developments in land redistribution, restitution and tenure reform, and makes suggestions for what needs to be done in future. The book also considers the power of chiefs, the tension between communal land ownership and the desire for private title, the failure of the willing-buyer, willing-seller approach, women and land reform, the role of banks, and the debates around amending the Constitution.

Thoughtful and provocative, Land Matters sheds light on one of the most complex questions in South Africa today.

When the Sleeping Grass Awakens – Land and Power in Swaziland by

Richard Levin

This study of politics in modern-day Swaziland is divided into two main themes: an analysis of the role of tradition as a manufactured and manipulated ideology; and the land question, particularly the historical detail relating to two royalist slush funds and the corruption this involves.

Can people who live in shantytowns, shacks and favelas teach us anything about democracy?

Trevor Ngwane

About how to govern society in a way that is inclusive, participatory and addresses popular needs? This book argues that they can.

In a study conducted in dozens of South Africa’s shack settlements, where more than 9 million people live, Trevor Ngwane finds thriving shack dwellers’ committees that govern local life, are responsive to popular needs and provide a voice for the community. These committees, called ‘amakomiti’ in the Zulu language, organise the provision of basic services such as water, sanitation, public works and crime prevention especially during settlement establishment.

Amakomiti argues that, contrary to common perception, slum dwellers are in fact an essential part of the urban population, whose political agency must be recognised and respected. In a world searching for democratic alternatives that serve the many and not the few, it is to the shantytowns, rather than the seats of political power, that we should turn.