Since the Ingonyama Trust is said to be based on the customary law system of ownership, analysing this system would help us to understand why there seems to always be conflict in rural areas between individuals who are supposedly observing their own cultural norms.
This collective title is only applied inter-communally because that there are individual/familial plots on the land that give the possessor ownership rights like barring entry and exclusive use, intra-communally. Thus, the administrators, be it an emperor, a king, a chief, or a tribunal, depending on the type of polity, cannot deny land rights by refusing to allocate land to a particular individual who has ancestral links to that land.
There still was what Western scholars would call the ‘commons’, although that word does not accurately describe the situation since these usually large tracts of land were owned by certain families within the polity. Consensus was the basis of decision-making, even in African judicial systems. The case of Baleni against the Minister of Mineral Resources at the High Court offers some interesting insights in this regard.
South Africa needs property rights vesting in the individuals themselves rather than some entity like the king as is the case currently. This relates particularly to ‘virgin’ territory owned by the community or the alienation of land with important mineral deposits. Selling your privately-owned farm was not contingent on any consultation with anyone.
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