RRLLB81 Assignment 3 PORTFOLIO (RESEARCH COMPLETE ANSWERS) Semester 2 2026 - DUE October 2026 - The Extent of the Influence of Shilubana Case in Intestate Succession

RRLLB81 Assignment 3 PORTFOLIO (RESEARCH COMPLETE ANSWERS) Semester 2 2026 - DUE October 2026 - The Extent of the Influence of Shilubana Case in Intestate Succession; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.8.1..2.7.8..3.3.7.2... The Extent of the Influence of Shilubana Case in Intestate Succession Background Thabelo Pulumo, a wealthy businessman from Glen, Soweto, died intestate on 21 June 2026. He is survived by his wife, Mmapula Pulumo, a daughter, Karabo, and a son, Thato. For many years before his death, Karabo played a significant role in her father's business affairs. She even sacrificed her own marriage to assist him in building and managing the family enterprise. By contrast, Thato, although an adult, remained financially dependent on his father. He had never married despite being in a long-term relationship of over sixteen years and was frequently criticised by family members for living off his father's wealth without making any meaningful contribution to the family business. Following Thabelo's death, a family meeting was convened in accordance with the family's customary practices. Mmapula and several senior family members resolved that all of RRLLB81/103/2/2026 57 Thabelo's property should devolve upon Karabo because she had demonstrated loyalty, commitment, and responsibility towards her father and the family. They contend that customary law should evolve to recognise the realities of modern family life and rely on the Constitutional Court's decision in Shilubana and Others v Nwamitwa 2008 (9) BCLR 914 (CC) in support of their position. Thato challenges the family decision. He argues that, as one of the deceased's children, he is entitled to inherit from his father's estate in terms of South African succession law and that the family has no legal authority to deprive him of his inheritance merely because they regard him as irresponsible. You are the judge presiding over Thato's application. Write a detailed essay in which you analyse and evaluate the legal arguments for and against the family's decision to award the entire estate to Karabo. In your answer, discuss the relationship between customary law, the Constitution, the law of intestate succession, and the significance of the decision in Shilubana and Others v Nwamitwa. Reach a reasoned conclusion on whether the family's decision is legally sustainable Cases Shilubana and Others v Nwamitwa 2008 (9) BCLR 914 (CC) Jacobs NO v Adams 2026 (2) SA 170 (GJ) Books Jamneck J and Rautenbach C (eds), The Law of Succession in South Africa (4th edn, Oxford University Press) Kerr AJ, The Customary Law of Immovable Property and of Succession (3rd edn, Grocott & Sherry 1990) Legislation Intestate Succession Act 81 of 1987 Journal Articles Meyerson D, ‘Who’s in and who’s out? Inclusion and exclusion in the family law jurisprudence of the Constitutional Court of South Africa’ (2010) 3 Constitutional Court Review 295 Osman F, ‘The Reform of Customary Law of Succession Act in Contemporary South Africa’ (2023) Acta Juridica 186