Traditional Authority in South Africa: Reconstruction and Resistance in the Eastern Cape

This article examines two contradictory conceptions of customary law, as either fundamentally democratic or autocratic, and their impact on the constant reconstruction resistance to chiefly authority in modern-day South Africa. In last 15 years so Africa has witnessed a strong legislative agenda centralise power senior traditional leaders. The new laws’ ahistorical, authoritarian understanding law – something be defined imposed rural communities by leaders is directly opposed Constitutional Court’s interpretation determined with reference practice from acceptance people whose under consideration. studies net result these processes local contestations over Eastern Cape. It displays state’s concerted efforts impose model that empowers leaders, even contexts where strongly contest this model, arguing it contravenes custom history, well rights. highlights enduring legacy apartheid constructions, powerful role contemporary governments recreation. New laws are an important tool process. They entrench minimise democracy. only serious community mobilisation legal education support can successfully access courts challenge actions taken alliance chiefs state. Ultimately, our analysis understudied link between functioning legitimacy states autocratic conception underlying powers such chiefs.