Transcription of Transformative Constitutionalism and Customary Law
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Transformative Constitutionalism and Customary Law
Transformative Constitutionalism and Customary Law Aninka Claassens* Geoff Budlender I IntroductIonThe late Chief Justice Pius Langa famously wrote:The Constitution is located in a history which involves a transition from a society based on division, injustice and exclusion from the democratic process to one which respects the dignity of all citizens, and includes all in the process of governance. As such, the process of interpreting the Constitution must recognise the context in which we find ourselves, and the Constitution s goal of a society based on democratic values, social justice and fundamental human rights .
land,5 and interventions by the Ingonyama Trust to convert indigenous ownership * Director, Land and Accountability Research Centre, ... of common law from customary law under apartheid and colonialism was a ... 2003 Alexkor case,16 which addressed customary land rights, and the 2004 Bhe
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