| This research examines land tenure reform as a process of social transformation and analyzes the implications of land access for gender equality in South Africa. Feminist theorization of legal pluralism is used to investigate the dynamic between the state and customary law. The ability of the state to deliver to rural Black South African Women (BSAW) formal equality rights, as embodied in the Constitution, is questioned, given the state's lack of political will. A critique of land administration by the customary legal system is also used to expose the challenges that male dominated customary institutions present for women's independent land rights, highlighting in particular the way land exposes gendered power relations and the negative implications for women's social advancement. Consequently, it is contended that there are considerable limitations and challenges to the ability of formal and informal legal institutions to undertake a gender equitable land distribution process. |
