Study Unit 3 - Lecture 4 Flashcards
(15 cards)
What did section 23 and GN R200 enforce?
Male primogeniture
What case declared this unconstitutional?
Bhe v Magistrate, Khayelitsha
When was the Reform of Customary Law of Succession Act passed?
20 September 2010
What law now applies to all intestate estates?
Intestate Succession Act
What share does a surviving spouse get?
A child’s share or minimum amount (whichever is more)
Who counts as a “descendant”?
Anyone recognised under law or custom as a child
What is a seed-raiser?
A woman who bears children for a spouse’s house
Can seed-raisers inherit?
Yes, regarded as descendants
What is the goal of woman-to-woman marriage?
To ensure an heir
Who fathers the children in such marriages?
A chosen male (e.g. relative)
Can children from these unions inherit?
Yes, if accepted into the house
Are woman-to-woman marriages romantic?
No, they are traditional arrangements
Is traditional leader property inheritable?
No, it is official and held for the community
What governs traditional leader property?
Traditional Leadership and Governance Framework Act
What was the impact of Bhe?
Ended gender/birth-based discrimination in succession
