Alter-native constitutionalism : common-ing 'common' law, transforming property in South Africa / Sindiso Mnisi.

Format:

Book

Author/Creator:

Weeks, Sindiso Mnisi, 1980- author.

Series:

Cambridge studies in constitutional law

Language:

English

Subjects (All):

Constitutional law--South Africa.

Constitutional law.

Customary law--South Africa.

Customary law.

Postcolonialism--South Africa.

Postcolonialism.

South Africa.

Physical Description:

1 online resource.

Place of Publication:

Cambridge : Cambridge University Press, 2025.

Summary:

"South Africa presents the perplexing paradox of arguably having the most progressive Constitution in the world, marked by full-throated socio-economic rights protection, while also being one of the most unequal countries in the world. This book takes seriously increasing sociopolitical challenges to the legitimacy of South Africa's post-apartheid legal order and scorching critiques of the constitutional settlement, against which many in the legal establishment bristle. Sindiso Mnisi develops 'Alter-Native Constitutionalism,' which is distinguished by equitable amalgamation of customary and common law with vernacular (or 'living') law, as a more compelling and just model for South Africa to adopt in its future than the legal pluralism that largely represents the afterlives of colonialism. This book draws on and contributes to international debates about the role of law in decolonising post-colonial orders and economic redistribution, addressing issues of poverty and inequality, gender, race, indigeneity, and customary vs vernacular law"-- Cambridge Core.

Contents:

Introduction : on law and “be-ing”

Alter‑native constitutionalism and the “common” law

Drowning in excrement : Komape as a symbol of constitutional alienation and precarity

The violence of Komape : language, relationships, and time in law

Common-ing “common law”

The constitutional case for common‑ing “(un)common” law by amalgamation

Overcoming adaptive challenges to alternative constitutionalism

Transforming property

Common-ing the language of the uncommon law of property by interpretation

Entr’acte : Constitution of the Republic of South Africa, 1996

A “house” is …? Transforming constitutional property relations in uncommon law

A “house” in time

Baron and Others v Claytile (Pty) Limited and Another [2017] ZACC 24.

Notes:

Includes bibliographical references and index.

Online resource; title from PDF title page (Cambridge Core, viewed January 19, 2026).

Other Format:

Print version: Weeks, Sindiso Mnisi, 1980- Alter-native constitutionalism

ISBN:

9781009311939

100931193X

OCLC:

1559037110

Publisher Number:

CIPO000312864

Access Restriction:

Restricted for use by site license