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#WomenofSU: Dr Mpho Tlale
Author: Corporate Communication / Korporatiewe Kommunikasie [Alec Basson]
Published: 22/08/2019

​As if they don't have enough to deal with, many women in South Africa also lack tenure security because they don't have access to or control over communal land. In her research, Dr Mpho Tlale, from the South African Research Chair in Property Law in the Faculty of Law, highlights this injustice and shows how patriarchal customary norms and practices perpetuate it.

As part of South Africa's Women's Month celebrations, she tells us more about how her work is making a difference in the lives of women.

​Can you tell us more about your research?

My general interest lies in communal land tenure systems of African countries. This is where land is not subject to individual control or use, rather the community jointly owns and uses the land. My thesis examined whether tenure is secure in the rural area of South Africa, where land is used communally. More specifically, the thesis sought to determine whether women have access to or control over communal land. Unfortunately, my findings were that South African women have far less access to communal land than men. For the most part, this lack of landholding can be attributed to the customary norms and practices, which are mostly patriarchal in nature. Customary laws promote men's landholding over that of their female counterparts. Women's landholding is often connected to their relationships with men, namely as mothers to sons, as wives to husbands, and as daughters to fathers. It, therefore, goes without saying that the status quo must change: Women must hold land as right bearers themselves and not in these secondary positions.

Why or how did you become interested in this specific area of research?

I am originally from Lesotho and for as long as I can remember, there has always been a story of a widow, usually an unemployed rural woman, who had been chased from her family property shortly after her husband's death. This did not sit right with me then and it still infuriates me today! Therefore, my decision to study law primarily was to curb this injustice, but this inevitably led to the above-mentioned research interests. As I studied further, I learned that a majority of African women face similar realities. Therefore, researching on women issues is so fulfilling for me.

Why do you think this is such an important area of research for South African women?

There are more women than men in South Africa: In a group of 1 000 people that represents the country's population of an estimated 58 million, 511 are women and 489 men. In other words, women comprise roughly 51% of the total population. This means that in the context of the generally insecure South African communal land tenure system, women bear the brunt of tenure insecurity. Clearly, there is much to be explored here. I would hope that my contribution is adding to the wealth of knowledge in this area.

What would you consider the greatest impact of your research on women in the country?

Nothing would make me happier than helping even just one woman to access and control communal land without her landholding being tied to a man. Stopping at least one woman's eviction, and educating one woman of her property rights, land or otherwise would make all the difference. I truly believe that this will go a very long way in ensuring women's access to and control over communal land, and ultimately securing tenure in that land. As they say, you teach a man, you teach a man. You teach a woman, you teach a generation!!!

Do you have any message for the next generation of women researchers?

Find a research area that you are passionate about and run with it, that way it will never feel like you are working. When you have found it, occupy that space, especially those that are traditionally meant for others different from you