Customary law

Statutory recognition of rural communities as collective owners of their lands is substantial, expanding, and an increasingly accepted element of property relations. The conventional meaning of property in land itself is changing, allowing for a greater diversity of attributes without impairing legal protection.

Can a local community governed by a system of customary law fish in a marine protected area without a permit? In a landmark decision, the Supreme Court of Appeal (SCA) has said it can. The decision is a victory for people living in the Dwesa-Cwebe Nature Reserve in the Eastern Cape who rely on fishing.