FMF FEATURE ARTICLE
A victory for Private Property Rights in
Customary Law – Zakhele Mthembu
The Ingonyama Trust has been in the news for quite a while. Depending on where you sit on the proverbial political compass, left of right, the issue ought to be of interest to you. The question of whether it is possible, using the paradigm of the indigenous customs of abaNtu, to institute a private property title regime, has been a central one. According to KwaZulu-Natal High Court case of Council for the Advancement of the South African Constitution v Ingonyama Trust (11 June 2021), the answer is yes.