The article discusses the innovative approach adopted by the Constitutional court of South Africa towards women’s land, housing, and property rights in two landmark decisions: Daniels v. Scribante(2017) and Rahube v. Rahube(2018). The first section introduces the notion of “apartheid geography” and the land reforms promoted by the South African national government since 1994. The second section discusses the Danielsand Rahube cases. In these rulings, the judges partially departed from the traditional legal methods and reasoning by reading the impugned provisions through the lens of legal geography. The last section deals with the gendered approach adopted by the court in Danielsand Rahubeand the implications with regard to the protection of women’s land and property rights. The aim is to highlight the Constitutional court capacity to uncover the resilience of colonial and apartheid spatial logic in contemporary South African legal system by combining legal geography methodology and the intersectional approach to land, race, and gender.

Uncovering colonial-apartheid legal geography. Women’s right to land, housing and property before the Constitutional court of South Africa / Parrilli, Anna. - In: THE CARDOZO ELECTRONIC LAW BULLETIN. - ISSN 1128-322X. - ELETTRONICO. - 29:1(2023), pp. 70-85. [10.13135/1128-322X/8446]

Uncovering colonial-apartheid legal geography. Women’s right to land, housing and property before the Constitutional court of South Africa

Anna Parrilli
2023-01-01

Abstract

The article discusses the innovative approach adopted by the Constitutional court of South Africa towards women’s land, housing, and property rights in two landmark decisions: Daniels v. Scribante(2017) and Rahube v. Rahube(2018). The first section introduces the notion of “apartheid geography” and the land reforms promoted by the South African national government since 1994. The second section discusses the Danielsand Rahube cases. In these rulings, the judges partially departed from the traditional legal methods and reasoning by reading the impugned provisions through the lens of legal geography. The last section deals with the gendered approach adopted by the court in Danielsand Rahubeand the implications with regard to the protection of women’s land and property rights. The aim is to highlight the Constitutional court capacity to uncover the resilience of colonial and apartheid spatial logic in contemporary South African legal system by combining legal geography methodology and the intersectional approach to land, race, and gender.
2023
1
Parrilli, Anna
Uncovering colonial-apartheid legal geography. Women’s right to land, housing and property before the Constitutional court of South Africa / Parrilli, Anna. - In: THE CARDOZO ELECTRONIC LAW BULLETIN. - ISSN 1128-322X. - ELETTRONICO. - 29:1(2023), pp. 70-85. [10.13135/1128-322X/8446]
File in questo prodotto:
Non ci sono file associati a questo prodotto.

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11572/407452
 Attenzione

Attenzione! I dati visualizzati non sono stati sottoposti a validazione da parte dell'ateneo

Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact