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"A Feminist Critique of Gender, Property and Land Restitution in South Africa" (Working title)
The conception of the property paradigm in South Africa has in one way or another contributed to the feminisation of poverty in South Africa. Therefore, another property paradigm is needed in order to address the gender inequalities. The restitution of land rights is one such property rights rectification scheme. It is a rights-based process that is primarily conformist, referring back to a time when land rights were already demarcated and existing within an unequal environment. As such, within the restitution framework, there exists tension between the endeavour to promote the rights of women on the one hand and the commitment, on the other hand, to restore rights that were lost to those who previously held them. Those that previously held the rights are mostly men, due to the patriarchal form of the historical land holdings. The key objectives of the research project are: to provide a critique of the restitution framework of South Africa using feminist legal theories; analyse the land restitution process and its impact on the empowerment of black African women and to provide an alternative approach to restitution of land rights which adequately empowers black African women.
Phephelaphi Dube, LLB, LLM
Property law, land reform, gender, feminism and human rights law.
Current Work: Fellow at Ludwig Boltzman Institute for Human Rights, University of Vienna Initiative College, Human Rights in the European Context.
Research Assistant, 2008 -2009; South African Research Chair in Property Law, Stellenbosch University, South Africa.
Law Clerk 2007; Presidency, International Criminal Court, The Hague, Netherlands,
Research Intern, 2007; Commission on Gender Equality, East London, South Africa,
Candidate Attorney 2004- 2006; Rhodes University Legal Aid Clinic.
Presentations at Conferences
Aboriginal Title: Lessons for South Africa: South African Property Law Teachers Conference 29-30 October 2009, Stellenbosch University.
• Van der Walt AJ & Dube P, Reconsidering Historically Based Land Claims (forthcoming).
• The same as it ever was? Women and land rights in Africa. August 2010.Consultancy Africa.
• An End to Impunity? The International Criminal Court and Women in Africa. July 2010. Consultancy Africa.
• Political sisterhood in Rwanda: A case of numbers and commitment. June 2010. Consultancy Africa 4. Brain Gain: Skilled Diaspora Return to Africa. September 2010. Consultancy Africa.
Visiting Research Student, May 2009, Kent Law School, University of Kent at Canterbury, England.
Juridical Interpretation, July - December 2007, University of Fort Hare.
Legal Practice, 2005, Rhodes University.
Micro-Credit and Debt Collection, 2004, 2005 (Course offered to paralegals) Rhodes University.
Awards and Scholarships
2000-2003 Government of Zimbabwe, for undergraduate studies (LLB), University of Fort Hare, South Africa.
2008-2009 South African Department of Science and Technology and administered by the National Research Foundation, for postgraduate studies (LLM), Stellenbosch University, South Africa.
University of Vienna