, IRM1501 Assignment 2 (COMPLETE ANSWERS)
Semester 2 2026 - DUE September 2026; 100% Correct
solutions and explanations.
The Constitutionality of the Customary Law Rule of Male Primogeniture
and the Exclusion of Women from Inheritance: A Discussion of Zakumi’s
Rights
1. Introduction
Inheritance is an important aspect of customary law because it determines the
transfer of property, family responsibilities, and social status after the death of a
family member. Traditionally, many African customary law systems followed
the principle of primogeniture, which provided that the eldest male descendant
of a deceased person would inherit the family estate. The rationale behind this
principle was based on the patriarchal structure of traditional communities,
where men were regarded as heads of families and custodians of family
property.
However, the development of constitutional democracies has significantly
changed the manner in which customary law principles are interpreted and
applied. Modern constitutions recognise customary law but require that
customary practices comply with constitutional values such as equality, human
dignity, and freedom from discrimination. A conflict therefore arises where
traditional rules exclude individuals from rights and benefits solely because of
their gender.
The facts involving Zakumi raise an important constitutional question: whether
a customary law rule that prevents a female child from inheriting her deceased
parents’ estate, while allowing a male relative such as Thimbeza to inherit, is
constitutionally valid. The argument advanced by Zakumi’s uncles is based
purely on her gender, namely that women cannot inherit under customary law.
This raises concerns regarding gender discrimination and the protection of
women’s constitutional rights.
Semester 2 2026 - DUE September 2026; 100% Correct
solutions and explanations.
The Constitutionality of the Customary Law Rule of Male Primogeniture
and the Exclusion of Women from Inheritance: A Discussion of Zakumi’s
Rights
1. Introduction
Inheritance is an important aspect of customary law because it determines the
transfer of property, family responsibilities, and social status after the death of a
family member. Traditionally, many African customary law systems followed
the principle of primogeniture, which provided that the eldest male descendant
of a deceased person would inherit the family estate. The rationale behind this
principle was based on the patriarchal structure of traditional communities,
where men were regarded as heads of families and custodians of family
property.
However, the development of constitutional democracies has significantly
changed the manner in which customary law principles are interpreted and
applied. Modern constitutions recognise customary law but require that
customary practices comply with constitutional values such as equality, human
dignity, and freedom from discrimination. A conflict therefore arises where
traditional rules exclude individuals from rights and benefits solely because of
their gender.
The facts involving Zakumi raise an important constitutional question: whether
a customary law rule that prevents a female child from inheriting her deceased
parents’ estate, while allowing a male relative such as Thimbeza to inherit, is
constitutionally valid. The argument advanced by Zakumi’s uncles is based
purely on her gender, namely that women cannot inherit under customary law.
This raises concerns regarding gender discrimination and the protection of
women’s constitutional rights.
