Abstract: Cultural critics of the Zimbabwean government argue that the passing into law of the 75... more Abstract: Cultural critics of the Zimbabwean government argue that the passing into law of the 75 percent requirement of local content on television and radio is the most visible expression of musical censorship. The critics argue that control of television and radio helps the ...
Scholarship on African genocide by African scholars is still in its infancy. Spurred by studies o... more Scholarship on African genocide by African scholars is still in its infancy. Spurred by studies on the Holocaust, African creative writers are slowly but increasingly rendering narratives of African genocide through their fiction. Steadily, new insights are being generated about the banality and evil that surround genocide in an African context and about the harms it causes. However, the original arguments that once made writing about genocide and the pain it inflicts a taboo, appear to continue to haunt the discipline of writing. First, there is the tendency to look down upon the act of writing about genocide experiences, the pretext being that it is in the nature of narrative to distort the density implied in the existential threat to humanity that genocide poses. Second, some literature of atrocity scholars are convinced that human beings who have not experienced genocide first hand are unable to live or even vicariously recreate the agony that genocide survivors experienced and might be able to relate. From this perspective, a genocide canon seems to have been authorised in which it is suggested that only survivors of genocide can produce authentic accounts of the pain that those who died went through. In recent times, critics and creative writers, some of whom are survivors, have challenged the idea of an absolute narrative of genocide by a survivor as the only true bearer of genocide pain and resistance to it. This article explores the panoply of meanings that a genocide survivor, Rupert Bazambanza, gives formal composition to through the genre of cartoon. The article argues that a genocide survivor is an embodiment of a witness and an archive of the experiences of someone who has survived and can tell the stories of the self and also of others who perished.
The Constitutive Act of the African Union commits to accelerating the socio-economic integration ... more The Constitutive Act of the African Union commits to accelerating the socio-economic integration of the continent (Art 4c) by establishing conducive conditions that would enable African economies to be linked to the global economy. The key to implementing effective integration of African economies in both the local and global networks is communication through innovative technology. This paper explores the centrality of social media platforms in growing and enabling the implementation of effective Southern African Development Community (SADC) policies on commerce, trade and economic development. Although traditional methods of exchange of information continue to be used between SADC and the global world, little appears to have been written on the capacity of social media to communicate information on trade in goods and services. Therefore, the central questions are: 1) To what extent have social media platforms enabled the flow of information regarding tradeable goods and services wi...
... proposed, it is imperative to note that the distinctive identity of collective struggle is th... more ... proposed, it is imperative to note that the distinctive identity of collective struggle is the ontological nature of its 'fractured self' (Chow 1993). ... For the dictator is going ??? Gushungo, Mugabe Chatunga, dai uri mumwe watipa nzeve [Chatunga if you listen to us] Iwe Bobo hati rambi ...
... In this case Ngwenya, J. confirmed the supremacy of the Constitution and held that customary ... more ... In this case Ngwenya, J. confirmed the supremacy of the Constitution and held that customary law must also be tested against the values of the Consti ... In Magora Panyama, Tauya is a Shona man legally married to his wife Mary in community of property of both profit and loss. ...
... at the 1948 Genocide Convention suggests that neighbouring countries that watch genocide take... more ... at the 1948 Genocide Convention suggests that neighbouring countries that watch genocide take place in another state and fail to take ... the Hutu extremists through not interfering militarily or publicly denouncing the violations of individual rights by the state (Zegeye and Vambe ...
Abstract: Cultural critics of the Zimbabwean government argue that the passing into law of the 75... more Abstract: Cultural critics of the Zimbabwean government argue that the passing into law of the 75 percent requirement of local content on television and radio is the most visible expression of musical censorship. The critics argue that control of television and radio helps the ...
This article reports on a study that investigated the effectiveness of child labour laws intended... more This article reports on a study that investigated the effectiveness of child labour laws intended to promote child rights and the protection of children from unfair and forced labour. Legal scholars distinguish between child work and child labour: forced child labour manifests itself in abusing children sexually, forcing children to work on farms, and compromising children’s rights to education. Although South Africa, Zimbabwe and Zambia have laws in place to protect children from child labour, the abuse of children continues in these countries. Furthermore, although these three countries are signatories to conventions of the International Labour Organisation that seek to eliminate child labour, they have been unable to stem the tide of child labour. This article argues that there is a need for the three countries to work closely together to implement policies that reverse or fight against child labour. The researchers used a qualitative methodology to interpret the variations in the application of child labour laws. They found there are no harmonised laws to deal with child labour in South Africa, Zambia and Zimbabwe. Hence, this article recommends that an independent supranational organisation be established in Southern Africa to monitor, evaluate, and implement progressive laws to eradicate child labour in line with internationally recognised best practices as set out in child labour laws.
The aim of this article is to critically compare and evaluate the explanatory possibilities of th... more The aim of this article is to critically compare and evaluate the explanatory possibilities of the terms used for termination of contract and the conditions of their application in South Africa, England and the Convention for the International Sale of Goods (CISG). South Africa uses the term "cancellation", England uses several terms, but "discharge" was analysed in this article while the CISG uses the term "avoidance". This article provides more of a summary than a discussion, but it is also concerned with re-emphasising the similarities and differences in the requirements and general principles of South African law, English law and the CISG. The article starts with critical comments on the choice of the use of the terms "cancellation", "discharge" and "avoidance", which are used to bring a contract to an end under the three legal systems. It has been observed that these terms meet and diverge. The article then goes on to ...
The article investigates the impact of crossboundary electoral demarcation disputes between the ... more The article investigates the impact of crossboundary electoral demarcation disputes between the Mpumalanga and Limpopo provinces after 1994. The article further examines how the electoral demarcation disputes can be resolved by negotiating with the dissatisfied communities. Moutse is located within a community that straddles northwestern Mpumalanga and southern Limpopo provinces in South Africa. In 2005 the community members of Moutse wards 5 and 6 were dissatisfied by the decision of the South African national government, Limpopo and Mpumalanga provincial governments for relocating them under a newly demarcated administrative boundary without hearing the views of the community. The article used community dialogues for its research. This approach is explained predominantly by qualitative and quantitative approaches to indicate processes of data collection, to explain the nature of the problem and explore the findings of communitybased research. The study reveals that violent disru...
In March 2019, Mozambique, Malawi and Zimbabwe were hard hit by Tropical Cyclone Idai resulting i... more In March 2019, Mozambique, Malawi and Zimbabwe were hard hit by Tropical Cyclone Idai resulting in loss of lives, livelihoods and damage to infrastructure. Drought, flooding and cyclones are on the increase in the Southern African Development Community (SADC) and their destructive trail threatens SADC’s common agenda of trade liberalization through regional economic integration. This chapter focuses on Zimbabwe and South Africa’s intervention measures against the adverse effects of Tropical Cyclone Idai. The main problem is that SADC member states appear unprepared to mitigate the adverse effects of tropical cyclones. The chapter questions the extent to which Zimbabwe and South Africa used the legal provisions of the SADC Treaty of 1992, the Hyogo Framework of Action (2005–2015) and the Sendai Framework for Disaster Risk Reduction (SFDRR) (2015–2030) to manifest regional cooperation in disaster risk management. The chapter argues that if SADC member states continue failing to detect...
This study focuses on a comparison of remedies for defective performance found in South African L... more This study focuses on a comparison of remedies for defective performance found in South African Law and the Convention for the International Sale of Goods (CISG). Contract law appears to be changing due to the impact and effects of globalisation. However, South African (SA) laws seem to be lagging behind, or appear to be limited and focused on domestic laws with little or no influence from international trade laws. The CISG promotes laws that are free from set legal systems or legal families that could hinder trade between buyers and sellers internationally. The aim of this paper is to explore changes that have occurred in international trade law remedies and look at how they can best be implemented to help improve the remedies in South African contract law. Specifically, the objectives of the paper are as follows: Identify remedies that are offered in the CISG and those that are offered under SA law of contract. Compare and contrast the remedies between CISG and SA law of contract ...
This article suggests ways on how to eliminate child forced labour in Zimbabwe. Such an aim neces... more This article suggests ways on how to eliminate child forced labour in Zimbabwe. Such an aim necessarily focuses research attention on and critically reviews the legal framework containing the instruments that Zimbabwe presently uses to deal with child labour. The questions that the article raises are: (1) to what extent do current laws on child labour as contained in Zimbabwe's Labour Relations Act of 1985, protect or undermine children's rights? (2) what remedies are offered by the government's policies in trying to reduce child exploitation? and (3) to what extent is Zimbabwe working towards harmonising its labour laws for them to be at par with the world trends? The article demonstrates that the concepts 'forced labour' and 'child labour' are legally recognised by the International Labour organisation (ILO), United Nations (UN), African Union (AU) and Southern African Development Community (SADC). The article draws from the legal opinion, statements an...
Scholarship on African genocide by African scholars is still in its infancy. Spurred by studies o... more Scholarship on African genocide by African scholars is still in its infancy. Spurred by studies on the Holocaust, African creative writers are slowly but increasingly rendering narratives of African genocide through their fiction. Steadily, new insights are being generated about the banality and evil that surround genocide in an African context and about the harms it causes. However, the original arguments that once made writing about genocide and the pain it inflicts a taboo, appear to continue to haunt the discipline of writing. First, there is the tendency to look down upon the act of writing about genocide experiences, the pretext being that it is in the nature of narrative to distort the density implied in the existential threat to humanity that genocide poses. Second, some literature of atrocity scholars are convinced that human beings who have not experienced genocide first hand are unable to live or even vicariously recreate the agony that genocide survivors experienced and ...
Cultural critics of the Zimbabwean government argue that the passing into law of the 75 percent r... more Cultural critics of the Zimbabwean government argue that the passing into law of the 75 percent requirement of local content on television and radio is the most visible expression of musical censorship. The critics argue that control of television and radio helps the government to censor the content of music of those singers whose visions of Zimbabwe do not agree with that of the ruling Zanu-PF. While the idea of 100 per cent local content on the air waves might seem noble and positive at first sight, in that it seems to represent the movement of local music from the periphery to the mainstream, in reality this has implications for the character of Zimbabwean music, as it increasingly strives to imitate American music. Thus, local content quotas may kill the music industry as Zimbabwe does not possess enough material to meet the local content criteria. Censorship also manifests itself in the form of a campaign of intimidation against artists, and in the suggestion that what people watch on Zimbabwe television and listen to on state radio is not local Zimbabwean content but Zanu-PF propaganda. These views are not shared by all musicians and listeners. In fact, the identification of local content with lyrics gives birth to the perception that people are what they listen to. However, a reconsideration of music in terms of lyrics, rhetoric and voice creates a different framework of understanding music in which people can generate their own meanings and be what they do not listen to. Using the music of Tambaoga, Zhakata and Chipanga, this article argues that the politics of listening as performance forces us to take notice that other than lyrics, singers use musical rhetoric and voice to evade official censorship as well as expand the conceptual understanding of the question of what is ‘local’ in the debate on localising musical content in Zimbabwe.
In Africa, debates on the question of property rights have tended to be carried out in learned la... more In Africa, debates on the question of property rights have tended to be carried out in learned law journals and in legal courts. This narrowing of the sites where contestations over property rights are fought over has then tended to overshadow other potential sites where issues of property rights are debated. In southern Africa, creative writers have been at the forefront of using their art composed in African indigenous languages to depict the conflicts that arise in the traditional and modern legal systems. Fiction has tended to provide a moral compass using characters whose actions undergird certain social forces representing ideas behind certain laws that govern the negotiation of property rights. Fiction has also used its images to suggest acceptable legal principles, rules and regulations that can be emulated when Africans negotiate property rights among themselves. The aim of this article is to use the novel Magora Panyama (1999) [Vultures on the Carcasses] to demonstrate how the author depicts (1) the handling of property rights from the perspective of the unwritten moral and traditional African customary law, (2) the understanding of property rights in the modern law/courts brought by colonialism, (3) the contestation of these two dual legal forms for the battle of the African souls. The article argues that the author of the novel adopts a moderate ideological stance that recognises some aspects of traditional customary law as important and rejects other aspects viewed as extreme. The author also adopts the most positive attributes of modern law.In Afrika is daar ’n neiging dat debatte oor die kwessie van eiedomsregte in regs-vaktydskrifte en -howe plaasvind. Hierdie vernouing van plekke waar geskille oor eiendomsreg uitbaklei word, oorskadu dan ander moontlike plekke waar kwessies oor eiendomsreg gedebatteer word. In Suider-Afrika was kreatiewe skrywers in die voorste geledere van diegene wat hul kuns (wat in inheemse Afrikatale geskryf is) gebruik het om die konflik wat uit tradisionele en moderne regstelsels voortvloei, uit te beeld. Fiksie was geneig om ’n morele kompas te verskaf deur karakters uit te beeld wie se dade sekere sosiale magte ondersteun het wat idees agter sekere regte verteenwoordig het en onderhandelings oor eiendomsreg beheer het. Die beelde in fiksie is ook gebruik om aanvaarbare regsbeginsels, -reëls en -regulasies voor te stel wat Afrikane kon volg wanneer hulle eiendomsreg onderling beding het. Die doel met hierdie artikel is om die roman Magora Panyama [Vultures on the Carcasses] (1999) te gebruik om aan te toon hoe die skrywer die volgende uitbeeld: (1) die hantering van eiendomsreg vanuit die perspektief van die ongeskrewe morele en tradisionele gewoontereg van Afrika, (2) die begrip van eiendomsreg in die moderne reg/howe wat deur kolonialisme ingevoer is en (3) die stryd tussen hierdie twee regsvorme in die stryd vir die siele van Afrikane. In die artikel word daar aangevoer dat die skrywer van die roman ’n gematigde ideologiese standpunt inneem, wat sommige aspekte van tradisionele gewoontereg as belangrik erken en ander aspekte wat as radikaal beskou word, verwerp. Die skrywer aanvaar ook die positiefste kenmerke van die moderne reg.
Abstract: Cultural critics of the Zimbabwean government argue that the passing into law of the 75... more Abstract: Cultural critics of the Zimbabwean government argue that the passing into law of the 75 percent requirement of local content on television and radio is the most visible expression of musical censorship. The critics argue that control of television and radio helps the ...
Scholarship on African genocide by African scholars is still in its infancy. Spurred by studies o... more Scholarship on African genocide by African scholars is still in its infancy. Spurred by studies on the Holocaust, African creative writers are slowly but increasingly rendering narratives of African genocide through their fiction. Steadily, new insights are being generated about the banality and evil that surround genocide in an African context and about the harms it causes. However, the original arguments that once made writing about genocide and the pain it inflicts a taboo, appear to continue to haunt the discipline of writing. First, there is the tendency to look down upon the act of writing about genocide experiences, the pretext being that it is in the nature of narrative to distort the density implied in the existential threat to humanity that genocide poses. Second, some literature of atrocity scholars are convinced that human beings who have not experienced genocide first hand are unable to live or even vicariously recreate the agony that genocide survivors experienced and might be able to relate. From this perspective, a genocide canon seems to have been authorised in which it is suggested that only survivors of genocide can produce authentic accounts of the pain that those who died went through. In recent times, critics and creative writers, some of whom are survivors, have challenged the idea of an absolute narrative of genocide by a survivor as the only true bearer of genocide pain and resistance to it. This article explores the panoply of meanings that a genocide survivor, Rupert Bazambanza, gives formal composition to through the genre of cartoon. The article argues that a genocide survivor is an embodiment of a witness and an archive of the experiences of someone who has survived and can tell the stories of the self and also of others who perished.
The Constitutive Act of the African Union commits to accelerating the socio-economic integration ... more The Constitutive Act of the African Union commits to accelerating the socio-economic integration of the continent (Art 4c) by establishing conducive conditions that would enable African economies to be linked to the global economy. The key to implementing effective integration of African economies in both the local and global networks is communication through innovative technology. This paper explores the centrality of social media platforms in growing and enabling the implementation of effective Southern African Development Community (SADC) policies on commerce, trade and economic development. Although traditional methods of exchange of information continue to be used between SADC and the global world, little appears to have been written on the capacity of social media to communicate information on trade in goods and services. Therefore, the central questions are: 1) To what extent have social media platforms enabled the flow of information regarding tradeable goods and services wi...
... proposed, it is imperative to note that the distinctive identity of collective struggle is th... more ... proposed, it is imperative to note that the distinctive identity of collective struggle is the ontological nature of its 'fractured self' (Chow 1993). ... For the dictator is going ??? Gushungo, Mugabe Chatunga, dai uri mumwe watipa nzeve [Chatunga if you listen to us] Iwe Bobo hati rambi ...
... In this case Ngwenya, J. confirmed the supremacy of the Constitution and held that customary ... more ... In this case Ngwenya, J. confirmed the supremacy of the Constitution and held that customary law must also be tested against the values of the Consti ... In Magora Panyama, Tauya is a Shona man legally married to his wife Mary in community of property of both profit and loss. ...
... at the 1948 Genocide Convention suggests that neighbouring countries that watch genocide take... more ... at the 1948 Genocide Convention suggests that neighbouring countries that watch genocide take place in another state and fail to take ... the Hutu extremists through not interfering militarily or publicly denouncing the violations of individual rights by the state (Zegeye and Vambe ...
Abstract: Cultural critics of the Zimbabwean government argue that the passing into law of the 75... more Abstract: Cultural critics of the Zimbabwean government argue that the passing into law of the 75 percent requirement of local content on television and radio is the most visible expression of musical censorship. The critics argue that control of television and radio helps the ...
This article reports on a study that investigated the effectiveness of child labour laws intended... more This article reports on a study that investigated the effectiveness of child labour laws intended to promote child rights and the protection of children from unfair and forced labour. Legal scholars distinguish between child work and child labour: forced child labour manifests itself in abusing children sexually, forcing children to work on farms, and compromising children’s rights to education. Although South Africa, Zimbabwe and Zambia have laws in place to protect children from child labour, the abuse of children continues in these countries. Furthermore, although these three countries are signatories to conventions of the International Labour Organisation that seek to eliminate child labour, they have been unable to stem the tide of child labour. This article argues that there is a need for the three countries to work closely together to implement policies that reverse or fight against child labour. The researchers used a qualitative methodology to interpret the variations in the application of child labour laws. They found there are no harmonised laws to deal with child labour in South Africa, Zambia and Zimbabwe. Hence, this article recommends that an independent supranational organisation be established in Southern Africa to monitor, evaluate, and implement progressive laws to eradicate child labour in line with internationally recognised best practices as set out in child labour laws.
The aim of this article is to critically compare and evaluate the explanatory possibilities of th... more The aim of this article is to critically compare and evaluate the explanatory possibilities of the terms used for termination of contract and the conditions of their application in South Africa, England and the Convention for the International Sale of Goods (CISG). South Africa uses the term "cancellation", England uses several terms, but "discharge" was analysed in this article while the CISG uses the term "avoidance". This article provides more of a summary than a discussion, but it is also concerned with re-emphasising the similarities and differences in the requirements and general principles of South African law, English law and the CISG. The article starts with critical comments on the choice of the use of the terms "cancellation", "discharge" and "avoidance", which are used to bring a contract to an end under the three legal systems. It has been observed that these terms meet and diverge. The article then goes on to ...
The article investigates the impact of crossboundary electoral demarcation disputes between the ... more The article investigates the impact of crossboundary electoral demarcation disputes between the Mpumalanga and Limpopo provinces after 1994. The article further examines how the electoral demarcation disputes can be resolved by negotiating with the dissatisfied communities. Moutse is located within a community that straddles northwestern Mpumalanga and southern Limpopo provinces in South Africa. In 2005 the community members of Moutse wards 5 and 6 were dissatisfied by the decision of the South African national government, Limpopo and Mpumalanga provincial governments for relocating them under a newly demarcated administrative boundary without hearing the views of the community. The article used community dialogues for its research. This approach is explained predominantly by qualitative and quantitative approaches to indicate processes of data collection, to explain the nature of the problem and explore the findings of communitybased research. The study reveals that violent disru...
In March 2019, Mozambique, Malawi and Zimbabwe were hard hit by Tropical Cyclone Idai resulting i... more In March 2019, Mozambique, Malawi and Zimbabwe were hard hit by Tropical Cyclone Idai resulting in loss of lives, livelihoods and damage to infrastructure. Drought, flooding and cyclones are on the increase in the Southern African Development Community (SADC) and their destructive trail threatens SADC’s common agenda of trade liberalization through regional economic integration. This chapter focuses on Zimbabwe and South Africa’s intervention measures against the adverse effects of Tropical Cyclone Idai. The main problem is that SADC member states appear unprepared to mitigate the adverse effects of tropical cyclones. The chapter questions the extent to which Zimbabwe and South Africa used the legal provisions of the SADC Treaty of 1992, the Hyogo Framework of Action (2005–2015) and the Sendai Framework for Disaster Risk Reduction (SFDRR) (2015–2030) to manifest regional cooperation in disaster risk management. The chapter argues that if SADC member states continue failing to detect...
This study focuses on a comparison of remedies for defective performance found in South African L... more This study focuses on a comparison of remedies for defective performance found in South African Law and the Convention for the International Sale of Goods (CISG). Contract law appears to be changing due to the impact and effects of globalisation. However, South African (SA) laws seem to be lagging behind, or appear to be limited and focused on domestic laws with little or no influence from international trade laws. The CISG promotes laws that are free from set legal systems or legal families that could hinder trade between buyers and sellers internationally. The aim of this paper is to explore changes that have occurred in international trade law remedies and look at how they can best be implemented to help improve the remedies in South African contract law. Specifically, the objectives of the paper are as follows: Identify remedies that are offered in the CISG and those that are offered under SA law of contract. Compare and contrast the remedies between CISG and SA law of contract ...
This article suggests ways on how to eliminate child forced labour in Zimbabwe. Such an aim neces... more This article suggests ways on how to eliminate child forced labour in Zimbabwe. Such an aim necessarily focuses research attention on and critically reviews the legal framework containing the instruments that Zimbabwe presently uses to deal with child labour. The questions that the article raises are: (1) to what extent do current laws on child labour as contained in Zimbabwe's Labour Relations Act of 1985, protect or undermine children's rights? (2) what remedies are offered by the government's policies in trying to reduce child exploitation? and (3) to what extent is Zimbabwe working towards harmonising its labour laws for them to be at par with the world trends? The article demonstrates that the concepts 'forced labour' and 'child labour' are legally recognised by the International Labour organisation (ILO), United Nations (UN), African Union (AU) and Southern African Development Community (SADC). The article draws from the legal opinion, statements an...
Scholarship on African genocide by African scholars is still in its infancy. Spurred by studies o... more Scholarship on African genocide by African scholars is still in its infancy. Spurred by studies on the Holocaust, African creative writers are slowly but increasingly rendering narratives of African genocide through their fiction. Steadily, new insights are being generated about the banality and evil that surround genocide in an African context and about the harms it causes. However, the original arguments that once made writing about genocide and the pain it inflicts a taboo, appear to continue to haunt the discipline of writing. First, there is the tendency to look down upon the act of writing about genocide experiences, the pretext being that it is in the nature of narrative to distort the density implied in the existential threat to humanity that genocide poses. Second, some literature of atrocity scholars are convinced that human beings who have not experienced genocide first hand are unable to live or even vicariously recreate the agony that genocide survivors experienced and ...
Cultural critics of the Zimbabwean government argue that the passing into law of the 75 percent r... more Cultural critics of the Zimbabwean government argue that the passing into law of the 75 percent requirement of local content on television and radio is the most visible expression of musical censorship. The critics argue that control of television and radio helps the government to censor the content of music of those singers whose visions of Zimbabwe do not agree with that of the ruling Zanu-PF. While the idea of 100 per cent local content on the air waves might seem noble and positive at first sight, in that it seems to represent the movement of local music from the periphery to the mainstream, in reality this has implications for the character of Zimbabwean music, as it increasingly strives to imitate American music. Thus, local content quotas may kill the music industry as Zimbabwe does not possess enough material to meet the local content criteria. Censorship also manifests itself in the form of a campaign of intimidation against artists, and in the suggestion that what people watch on Zimbabwe television and listen to on state radio is not local Zimbabwean content but Zanu-PF propaganda. These views are not shared by all musicians and listeners. In fact, the identification of local content with lyrics gives birth to the perception that people are what they listen to. However, a reconsideration of music in terms of lyrics, rhetoric and voice creates a different framework of understanding music in which people can generate their own meanings and be what they do not listen to. Using the music of Tambaoga, Zhakata and Chipanga, this article argues that the politics of listening as performance forces us to take notice that other than lyrics, singers use musical rhetoric and voice to evade official censorship as well as expand the conceptual understanding of the question of what is ‘local’ in the debate on localising musical content in Zimbabwe.
In Africa, debates on the question of property rights have tended to be carried out in learned la... more In Africa, debates on the question of property rights have tended to be carried out in learned law journals and in legal courts. This narrowing of the sites where contestations over property rights are fought over has then tended to overshadow other potential sites where issues of property rights are debated. In southern Africa, creative writers have been at the forefront of using their art composed in African indigenous languages to depict the conflicts that arise in the traditional and modern legal systems. Fiction has tended to provide a moral compass using characters whose actions undergird certain social forces representing ideas behind certain laws that govern the negotiation of property rights. Fiction has also used its images to suggest acceptable legal principles, rules and regulations that can be emulated when Africans negotiate property rights among themselves. The aim of this article is to use the novel Magora Panyama (1999) [Vultures on the Carcasses] to demonstrate how the author depicts (1) the handling of property rights from the perspective of the unwritten moral and traditional African customary law, (2) the understanding of property rights in the modern law/courts brought by colonialism, (3) the contestation of these two dual legal forms for the battle of the African souls. The article argues that the author of the novel adopts a moderate ideological stance that recognises some aspects of traditional customary law as important and rejects other aspects viewed as extreme. The author also adopts the most positive attributes of modern law.In Afrika is daar ’n neiging dat debatte oor die kwessie van eiedomsregte in regs-vaktydskrifte en -howe plaasvind. Hierdie vernouing van plekke waar geskille oor eiendomsreg uitbaklei word, oorskadu dan ander moontlike plekke waar kwessies oor eiendomsreg gedebatteer word. In Suider-Afrika was kreatiewe skrywers in die voorste geledere van diegene wat hul kuns (wat in inheemse Afrikatale geskryf is) gebruik het om die konflik wat uit tradisionele en moderne regstelsels voortvloei, uit te beeld. Fiksie was geneig om ’n morele kompas te verskaf deur karakters uit te beeld wie se dade sekere sosiale magte ondersteun het wat idees agter sekere regte verteenwoordig het en onderhandelings oor eiendomsreg beheer het. Die beelde in fiksie is ook gebruik om aanvaarbare regsbeginsels, -reëls en -regulasies voor te stel wat Afrikane kon volg wanneer hulle eiendomsreg onderling beding het. Die doel met hierdie artikel is om die roman Magora Panyama [Vultures on the Carcasses] (1999) te gebruik om aan te toon hoe die skrywer die volgende uitbeeld: (1) die hantering van eiendomsreg vanuit die perspektief van die ongeskrewe morele en tradisionele gewoontereg van Afrika, (2) die begrip van eiendomsreg in die moderne reg/howe wat deur kolonialisme ingevoer is en (3) die stryd tussen hierdie twee regsvorme in die stryd vir die siele van Afrikane. In die artikel word daar aangevoer dat die skrywer van die roman ’n gematigde ideologiese standpunt inneem, wat sommige aspekte van tradisionele gewoontereg as belangrik erken en ander aspekte wat as radikaal beskou word, verwerp. Die skrywer aanvaar ook die positiefste kenmerke van die moderne reg.
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