, PVL2602
ASSIGNMENT 1 SEMESTER 2
2026
DUE 17 AUGUST 2026
QUESTION 1 [15 Marks]
1.1. Advice on the Correctness of Mandla's Claim
Mandla's claim that he is the sole heir based on the customary law rule of male primogeniture is
incorrect. His argument that Nomsa cannot rely on the Reform of Customary Law of Succession Act
because it came into operation after Xolani's death is also flawed.
The rule of male primogeniture, which dictates that the eldest son or his male descendant is the
sole heir, has been declared unconstitutional and is no longer valid (Bhe v Magistrate, Khayelitsha
2005). The landmark case of Bhe struck down this rule because it unfairly discriminated against
women and children, violating the right to equality as found in the Constitution (Bhe v Magistrate,
Khayelitsha 2005). This decision fundamentally changed how estates previously governed by
customary law must devolve (Bhe v Magistrate, Khayelitsha 2005).
Furthermore, Mandla's argument regarding the timing of the RCLSA is incorrect. The Constitutional
Court's decision in Bhe had already invalidated the rule of male primogeniture (Bhe v Magistrate,
Khayelitsha 2005). Therefore, at the time of Xolani's death on 14 May 2010, the discriminatory rule
that Mandla relies on was not a valid legal principle. The RCLSA, which commenced on 20
September 2010 (Reform of Customary Law of Succession Act 11 of 2009), simply codified and
provided a clear legislative framework for the changes already established by the courts, ensuring
estates subject to customary law devolve in terms of the Intestate Succession Act (Reform of
Customary Law of Succession Act 11 of 2009).
ASSIGNMENT 1 SEMESTER 2
2026
DUE 17 AUGUST 2026
QUESTION 1 [15 Marks]
1.1. Advice on the Correctness of Mandla's Claim
Mandla's claim that he is the sole heir based on the customary law rule of male primogeniture is
incorrect. His argument that Nomsa cannot rely on the Reform of Customary Law of Succession Act
because it came into operation after Xolani's death is also flawed.
The rule of male primogeniture, which dictates that the eldest son or his male descendant is the
sole heir, has been declared unconstitutional and is no longer valid (Bhe v Magistrate, Khayelitsha
2005). The landmark case of Bhe struck down this rule because it unfairly discriminated against
women and children, violating the right to equality as found in the Constitution (Bhe v Magistrate,
Khayelitsha 2005). This decision fundamentally changed how estates previously governed by
customary law must devolve (Bhe v Magistrate, Khayelitsha 2005).
Furthermore, Mandla's argument regarding the timing of the RCLSA is incorrect. The Constitutional
Court's decision in Bhe had already invalidated the rule of male primogeniture (Bhe v Magistrate,
Khayelitsha 2005). Therefore, at the time of Xolani's death on 14 May 2010, the discriminatory rule
that Mandla relies on was not a valid legal principle. The RCLSA, which commenced on 20
September 2010 (Reform of Customary Law of Succession Act 11 of 2009), simply codified and
provided a clear legislative framework for the changes already established by the courts, ensuring
estates subject to customary law devolve in terms of the Intestate Succession Act (Reform of
Customary Law of Succession Act 11 of 2009).
