LCP4807 ASSIGNMENT 2 BY(Mark
Horowits)QUESTIONS AND CONFIRMED ANSWERS
,
, Bhe v Magistrate Khayelitsha - --CONFORMED
ANSWER---Legal q - the ConCourt was asked to confirm
a Western Cape high Court decision together with a North
Gaueng High Court decision both of which had declared
the male primogenitire rule which prefered senior males in
the customary law of intestate succession unconsitutional
and set it aside
reasons for the judgement: The ConCourt confirmed both
judgements; declare the male primogeniture rule
unconsittutional for violating the equality and the human
dignity cluses of the Constitution; set aside section 23 of
the BAA and section 1(4) of the Interstate Succesion Act.
The Interstate Succession Act was imported to customary
law, to distribute equal child potions to all the widows,
descendenants of the decreaed, male and female,
legistimate nad illiegititmate.
Decsion of court - both decisions from the high courts
were confirmed
Shilubana v Nwamitwa - --CONFORMED ANSWER---
Legal q - on apeal from the SCA, the ConCourt was asked
whether the high court and the SCA were correct in
holding that a woman could not be appointed as a
traditional leader in terms of the laws and taditions of the
Valoyi community; and whether the Valoyi Traditional
Authority had the competence to change their customary
law to provide for the appointment of a woman as a
traditional leader
Horowits)QUESTIONS AND CONFIRMED ANSWERS
,
, Bhe v Magistrate Khayelitsha - --CONFORMED
ANSWER---Legal q - the ConCourt was asked to confirm
a Western Cape high Court decision together with a North
Gaueng High Court decision both of which had declared
the male primogenitire rule which prefered senior males in
the customary law of intestate succession unconsitutional
and set it aside
reasons for the judgement: The ConCourt confirmed both
judgements; declare the male primogeniture rule
unconsittutional for violating the equality and the human
dignity cluses of the Constitution; set aside section 23 of
the BAA and section 1(4) of the Interstate Succesion Act.
The Interstate Succession Act was imported to customary
law, to distribute equal child potions to all the widows,
descendenants of the decreaed, male and female,
legistimate nad illiegititmate.
Decsion of court - both decisions from the high courts
were confirmed
Shilubana v Nwamitwa - --CONFORMED ANSWER---
Legal q - on apeal from the SCA, the ConCourt was asked
whether the high court and the SCA were correct in
holding that a woman could not be appointed as a
traditional leader in terms of the laws and taditions of the
Valoyi community; and whether the Valoyi Traditional
Authority had the competence to change their customary
law to provide for the appointment of a woman as a
traditional leader
