English

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.









Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.

 
 

Inheritance law to ConCourt

2003-10-01 19:43
line

Cape Town - A ground-breaking Cape High court decision which ruled African customary law of inheritance unconstitutional will be sent to the Constitutional Court for confirmation, the Women's Legal Centre said.

"It is possible that the Constitutional Court will confirm this decision by the end of the year or early next year," said Michelle O'Sullivan of the centre, which acted as attorneys for the applicants, on Wednesday.

According to O'Sullivan they were advising clients who were African women and children - other than the eldest male child - and who were currently involved in the winding up of family estates where there was no will, to delay the conclusion of the proceedings pending the Constitutional Court's decision.

"In practice, if confirmed, it will mean that women and girl children, illegitimate children, and children other than the eldest male can inherit from their parents' estates - regardless of the nature of their parents' relationship.

"It will also bring an end to discrimination against these groups on the basis of race, sex, gender, social origin and birth and will respect and protect their rights to equality and dignity," she said.

The precedent-setting case concerned two girls - aged nine and two - from Khayelitsha near Cape Town, who challenged the rule that in the absence of a will stipulating the girls inherit their deceased father's estate, they could not inherit the property on the grounds that they were female and illegitimate.

The estate in question was the girls' home in Khayelitsha where the girls had been living with their parents until their father died last year.

Since the parents were never married, even though they had been cohabiting for 12 years, the mother had no legal claim to the house.

Under African customary law the house was therefore deemed to be the property of the eldest male relative of the father's children, which meant the house thus fell to the father's father, who planned to sell it.

The two judges presiding over the case, Judge President John Hlophe and Justice Jerome Ngwenya, declared the African customary law of succession unconstitutional since the only reason the two girls had not inherited their father's estate was because they were black females. They further ordered that the law be struck down.

O'Sullivan said the judges' decision will hopefully set a precedent to be followed on the African continent.

- SAPA

Read News24’s Comments Policy

inside news24

 

140
1
1 of 10

Latest comment in South Africa

said.s.abdi.5 says... don't give them bail, and please don't sell the dockets. Read the article...

 
Traffic
Lottery
 
  • Wednesday Ladysmith - 22:09 PM
    Road name: N11 Both Ways
    ROADWORK - two sets of stop / go controls just south of the R68 Dundee exit - expect waiting times of up to 20 minutes between Ladysmith and Newcastle (ends March 2013)
  • Saturday Pretoria - 08:07 AM
    Road name: N1 Both Ways
    ROADWORKS - lane closures on both carriageways for long term roadworks between the N4 Witbank Highway Interchange and the Zambesi Drive exit - EXPECT DELAYS (until Jan 2013)
 
More traffic reports...
 

Jobs [change area]

Cars[change area]

FORD

Ranger 2500 TD D-Cab Hi-Trail XLT Dsl PU
2000
R 69,900.00

AUDI

A3 2.0 TDi Ambition 3-dr Dsl
2008
R 289,990.00

SUBARU

FORESTER 2.0 GT
2000
R 69,990.00

Property [change area]

Vulintaba Country Estate, Upper Drakensberg

A lifestyle estate beyond compare. Home Package Options From R990 000

HOUSES FOR SALE IN Pinetown

Houses R 1 090 000

Travel - Look, Book, Go!

Casa Rex, Vilanculos

Spend 5 nights in at the magical Mozambican resort of Casa Rex from R7983 per person sharing. Includes accommodation, return flights, taxes and transfers. Book now!

Kalahari.com - shop online today

Legos

Let your child construct his own fun with only his imagination limiting his creations. Buy now.

iPad

Update the way you socialize, work and play with the latest iPad models. Buy now.

Max Payne 3

Seeking Redemption from the past, Max hopes to enter his last fight and finally put his demons to rest. Buy now.

Sins of the Father

Foul play in New York City sets the tone. Boundaries pushed, Loyalties tested and secrets unravelled in Jeffrey Archer’s, Sins of the Father. Buy now.

Nikon Camera Range

Capture and preserve your life’s precious memories with the Nikon Camera Range. Buy now.

OLX Free Classifieds [change area]

pool table

For Sale, Toys - Games - Hobbies in South Africa, Gauteng, Johannesburg. Date May 6

Lexus: IS

Vehicles, Cars in South Africa, Gauteng, Johannesburg. Date May 7

stylish bachelor furnished in sandton from 1st of june

Real Estate, Houses - Apartments for Rent in South Africa, Gauteng, Johannesburg. Date May 7

Gobii eReader

Only R899.95

Affordable, compact & elegant there has never been a better time to start your ebook adventure than with the Gobii.

Visit www.kalahari.com for millions of books, music, DVDs, games & more!

BlackBerry Bold 9780

BlackBerry 6 Engage your world with BlackBerry 6 OS on the...

From R3299.00

I'm shopping for:

Horoscopes
Aquarius
Aquarius

For some or other reason, you’re feeling a bit more sensitive about how others see you at work today. Even though you’re such an...read more

There are new stories on the homepage. Click here to see them.