These are complex issues and that is why it is regrettable that the opportunity given to the Chairperson of the House of Traditional Leaders by the Chief Justice to provide their view did not receive a positive response. Jurgen van den Goorbergh. However, magistrates and the courts responsible for the administration of intestate estates continue to adhere to the rules of official customary law, with the consequent anomalies and hardships as a result of changes which have occurred in society. See also Mabuza id. In this regard, a special duty rests on the Master of the High Court, the magistrates and other officials responsible for the administration of estates to ensure that no one is prejudiced in the discussions leading to the purported agreements.

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The discrimination against women conveys a message that women are not of equal worth as men. Subcompact car — Subcompact ccc SUV — The rule of male primogeniture.

This Court has already acknowledged the importance of the constitutional value of dignity in interpreting rights such as the right to equality, the right not to be punished in a cruel, inhuman or degrading w0055, and the right to life. All estates that fall to be wound up after the date of this judgment shall be dealt with in terms of the provisions of the Administration of Estates Act.

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The lack of uniformity and the uncertainties it causes is obvious if one has regard to the fact that in some cases, courts have applied the common law system of devolution of intestate estates.

These removals resulted in untold suffering. In my view, the rule of male primogeniture should be developed in order to bring it in line with the rights in the Bill of Rights.

She did not complete the inquiry, however, deciding to await the conclusion of a case which was then before the Pretoria High Court and which was later reported as Mthembu v Letsela and Another. The court accepted that there are instances where a woman may act as head of a family and can receive lobolo. In my view this approach reflects recognition of the constitutional right of those communities that live by and are governed by indigenous law.


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We love it all on it’s own or styled with a collection of your other favourite pillows. This Court has, on a number of occasions, expressed the need to purge the statute book of such harmful and hurtful provisions. It asserts it too to inform the future, to invest in our democracy respect for the intrinsic worth of all human beings.

As more and more women begin working outside the home, earning money and acquiring property, the gap ccc their legal status under customary law and their economic status in society widens.

From the family of the deceased, someone must be found to assume these responsibilities. Indigenous law is still widely practised within African communities.

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This principle was challenged on the grounds that it discriminates against women and other children of the deceased.

This will ensure that their interests are protected until Parliament enacts a comprehensive scheme that will reflect the necessary development of the customary law of succession.

cv Yet our Constitution recognises its existence, and contemplates that there are situations where it will be applicable. By virtue of the provisions of s 3 of the Act women who attain or attained the age of 18 years before the Act came into effect acquired capacity. However, in case such an order causes dislocation or harm, I include in the order a provision permitting any interested person to approach this Court on an urgent basis, in the event of serious administrative or practical problems being experienced as a fc of this order.

Customary rules do not operate to the benefit of the women in this type of society. The provisions of this statute are cd inadequate to cater for the social setting that indigenous law of succession was designed to cater for.


Nevertheless, extra-marital sons had reduced rights of inheritance under customary law, as dc would only inherit in the absence of any other male descendants. Pillay instructed by Lawyers for Human Rights. A very usual form of native title is that of a usufractuary right, which is a mere qualification of or burden on the radical or final title of the Sovereign where that exists. Further in many states in Ghana, women do succeed to family properties but no one will say by reason of their succession and their possible marriage into other families the properties they inherit or succeed to stand in jeopardy of being lost to their families.

It must now be brought to finality. Nor did he have any children. Jones points to only two vc of customary law and practice which disadvantaged the marital child: In relation to the first question, w00 found that anti-discrimination provisions of the Constitution do not forbid discrimination based on sex.

By its very nature it evolves as the people who live by its norms change their patterns of life. Having regard to the vulnerable position in which some of the surviving family members may find themselves, care must be taken that such agreements are genuine and not the result of the exploitation of the weaker members of the family by the strong. These responsibilities include looking after the dependants of the deceased and administering the family property on behalf of xc for the benefit of the entire family.

I do not agree. In this regard, the report concludes that:

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