The Contest for Labels in the Southern African Development Community (SADC) Land Issue

Abstract

AbstractThis article applies victimology and human rights theories to examine the moral and legal basis of the contest for 'labels' that accompanies land disputes. It seeks to discover and evaluate the significance of the dynamics of this contest and their probable impact on the resolution of land disputes. More importantly, it seeks to determine the value of this contest to any strategy that consciously may be preferred to resolve land disputes. It argues that conceptions of victimology that do not incorporate in their analyses the mischief sought to be cured in land disputes are not particularly helpful in the effort to discover efficient models for the resolution of land disputes. It dispels the view that monopolisation of disputes that are inherently human rights in their nature is imperative for resolution of apparently 'local problems' and recommends protection of the inherent dignity of all stakeholders in land disputes as the primary basis for resolution of land disputes.