Some thoughts on the law of property in Swaziland

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Periodical article

Title:	Some thoughts on the law of property in Swaziland
Author:	Scott, Susan
Year:	2006
Periodical:	The Comparative and International Law Journal of Southern Africa
Volume:	39
Issue:	1
Pages:	152-177
Language:	English
Geographic term:	Swaziland - Eswatini
Subjects:	property rights legal pluralism Roman-Dutch law customary law land law
Abstract:	The author highlights a few aspects of property law confronting lawyers in Swaziland today. The law of property in Swaziland illustrates the complex nature of the legal system prevailing in this country. It reveals the intricacies of a dual legal system consisting of indigenous law and common (Roman-Dutch) law. First, the author refers to the basic principles of Swazi indigenous property law and its problems. Indigenous law always regulates Swazi Nation Land - the land which the Swazi occupied and settled on after the conquests by the various Swazi kings - and specified tangible things. Both indigenous land law and indigenous law concerning tangible things discriminate aginst women. Next, the author addresses a few aspects of Roman-Dutch property law in Swaziland, viz. property and things; real rights and personal rights; land; expropriation; prescription; estoppel; and spoliation. Notes, ref., sum. [ASC Leiden abstract]