IRM1501 Assignment 2
(COMPLETE ANSWERS)
Semester 2 2026 - DUE
September 2026
FOR ASSISTANCE CONTACT
EMAIL:
, Legal Framework and Constitutional Compliance
The customary law rule excluding Zakumi from inheriting her late parents' estate solely because she is
female is unconstitutional. In South African law, this customary rule is known as the principle of male
primogeniture. Under this traditional rule, only the oldest surviving male relative can inherit the
deceased's intestate estate. [1, 2, 3, 4, 5]
The Constitution of South Africa is the supreme law of the Republic. Any law or conduct—including
customary law—that is inconsistent with it is invalid. [1, 2, 3, 4, 5]
Relevant Constitutional Provisions
Section 2 (Supremacy of the Constitution): Establishes that the Constitution is supreme. No
customary practice can bypass or override its provisions. [1]
Section 9 (The Equality Clause): Formally guarantees equality before the law and equal benefit
of the law. Section 9(3) explicitly prohibits unfair discrimination by the state or any person on
grounds including gender, sex, and birth. [1, 2, 3, 4]
Section 10 (Human Dignity): Declares that everyone has inherent dignity and the right to have
their dignity respected and protected. Excluding a daughter from an inheritance strips away her
economic security and marginalizes her status within the family, violating her dignity. [1, 2, 3, 4]
Section 28 (Children’s Rights): Protects the best interests of children. While Zakumi's specific
age is not detailed, gender-discriminatory inheritance structures inherently disadvantage female
children within family lineages. [1]
Sections 30 and 31 (Cultural Rights): Protect the right to participate in the cultural life of one's
choice. Crucially, these sections state that cultural rights may not be exercised in a manner
inconsistent with any provision of the Bill of Rights. Culture must conform to the Bill of Rights,
not the other way around. [1, 2, 3, 4, 5]
Groundbreaking Case Law
The definitive legal authority on this matter is the Landmark Constitutional Court case, Bhe and Others v
Magistrate, Khayelitsha and Others (2005). [1, 2]
1. Facts & Legal Issue: The case concerned two minor daughters who were excluded from
inheriting their late father's estate under customary law and the Black Administration Act. The
estate was set to devolve to a male relative instead. A similar matter, Shibi v Sithole, was heard
concurrently, where a woman was blocked from inheriting her deceased brother's estate. [1, 2,
3, 4]
2. The Court's Ruling: The Constitutional Court declared the customary rule of male primogeniture
unconstitutional and invalid to the extent that it excludes women and children from inheriting.
[1, 2, 3, 4]
(COMPLETE ANSWERS)
Semester 2 2026 - DUE
September 2026
FOR ASSISTANCE CONTACT
EMAIL:
, Legal Framework and Constitutional Compliance
The customary law rule excluding Zakumi from inheriting her late parents' estate solely because she is
female is unconstitutional. In South African law, this customary rule is known as the principle of male
primogeniture. Under this traditional rule, only the oldest surviving male relative can inherit the
deceased's intestate estate. [1, 2, 3, 4, 5]
The Constitution of South Africa is the supreme law of the Republic. Any law or conduct—including
customary law—that is inconsistent with it is invalid. [1, 2, 3, 4, 5]
Relevant Constitutional Provisions
Section 2 (Supremacy of the Constitution): Establishes that the Constitution is supreme. No
customary practice can bypass or override its provisions. [1]
Section 9 (The Equality Clause): Formally guarantees equality before the law and equal benefit
of the law. Section 9(3) explicitly prohibits unfair discrimination by the state or any person on
grounds including gender, sex, and birth. [1, 2, 3, 4]
Section 10 (Human Dignity): Declares that everyone has inherent dignity and the right to have
their dignity respected and protected. Excluding a daughter from an inheritance strips away her
economic security and marginalizes her status within the family, violating her dignity. [1, 2, 3, 4]
Section 28 (Children’s Rights): Protects the best interests of children. While Zakumi's specific
age is not detailed, gender-discriminatory inheritance structures inherently disadvantage female
children within family lineages. [1]
Sections 30 and 31 (Cultural Rights): Protect the right to participate in the cultural life of one's
choice. Crucially, these sections state that cultural rights may not be exercised in a manner
inconsistent with any provision of the Bill of Rights. Culture must conform to the Bill of Rights,
not the other way around. [1, 2, 3, 4, 5]
Groundbreaking Case Law
The definitive legal authority on this matter is the Landmark Constitutional Court case, Bhe and Others v
Magistrate, Khayelitsha and Others (2005). [1, 2]
1. Facts & Legal Issue: The case concerned two minor daughters who were excluded from
inheriting their late father's estate under customary law and the Black Administration Act. The
estate was set to devolve to a male relative instead. A similar matter, Shibi v Sithole, was heard
concurrently, where a woman was blocked from inheriting her deceased brother's estate. [1, 2,
3, 4]
2. The Court's Ruling: The Constitutional Court declared the customary rule of male primogeniture
unconstitutional and invalid to the extent that it excludes women and children from inheriting.
[1, 2, 3, 4]
