Browsing by Author "Kingwill, Rosalie"

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    [En]gendering the norms of customary inheritance in Botswana and South Africa
    (Taylor & Francis, 2016) Kingwill, Rosalie
    The article responds to the article by Weinberg in this issue. She traces the trajectory of court hearings concerning the contested inheritance of land in Botswana, which, after several prior judgements eventually resulted in a positive outcome for the woman litigants. I acknowledge the author’s key argument, which concerns the impact of power relations on the construction of customary law and the reproduction of knowledge in the courts. Certain versions of “custom” were promoted and others stilled to the disadvantage of women. I argue that the normative patterns of landholding are indeed gendered, but do not result in a binary structure of men and women. “Gender” should be disaggregated to take into account a range of status criteria within and across the categories of male and female in order to understand the differential impact of social relations on the outcomes of property struggles. The normative lines of property transmission frequently follow a logic of “family property” that allows for qualifying women to rights of property. Family property has vastly different social and legal consequences to private, individualised property rights. The corollary is that it is misleading to speak of the processes of succession to rights of access to, and control of customary property in terms of one-to-one “inheritance” of land. The concept of “living law” inadequately reflects these social dynamics.
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    Evaluating the community land record system in Monwabisi park informal settlement in the context of hybrid governance and organisational culture
    (MPDI, 2020) Barry, Michael; Kingwill, Rosalie
    The study examined the effectiveness of a community-operated land record system (CRS), a product of an evolutionary information system planning approach under hybrid governance arrangements in Monwabisi Park informal settlement in Cape Town. To structure the analysis, the authors adapted an analytical framework for analysing land registration effectiveness to community records systems. It serves as a tool for analysing, designing and managing similar information systems. The CRS is an element of a participatory planning and development project involving a triad: (a) community-based organisations (CBOs); (b) a non-governmental organisation (NGO), which has acted as a change agent, facilitator and resource provider; and (c) the City of Cape Town. The hybrid governance institutions comprised a set of local community and government protocols. Of further significance are the organisational cultures of the CBOs, and the NGO’s information system team differs markedly from that of most land registries.
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    Will formalising property rights reduce poverty in South Africa’s ‘second economy’?
    (Institute for Poverty, Land and Agrarian Studies, University of the Western Cape, 2005) Cousins, Ben; Cousins, Tessa; Hornby, Donna; Kingwill, Rosalie; Royston, Lauren; Smit, Warren
    De Soto’s influential book The mystery of capital offers a simple yet beguiling message: capitalism can be made to work for the poor, through formalising their property rights in houses, land and small businesses. This approach resonates strongly in the South African context, where private property works well for those who inhabit the so-called ‘first economy’. Evidence from South Africa, however, suggests that many of de Soto’s policy prescriptions may be inappropriate for the poorest and most vulnerable in our society, and have negative impacts on their security and well-being. More attention should be paid to supporting existing social practices that have widespread legitimacy. Features of ‘extra-legal’ property regimes provide a key to the solutions: their social embeddedness; the importance of land and housing as assets that help to secure livelihoods; the layered and relative nature of rights; and the flexible character of boundaries. The entire legal and social complex around which notions of ‘formal’ and ‘informal’ property are constituted needs to be interrogated more rigorously.