Bhe v magistrate khayelitsha case summary pdf

(PDF) An Analysis of the potential impact of the

bhe v magistrate khayelitsha case summary pdf

Bhe_and_Others_v_Magistrate Bhe and Others v Magistrate. The triple case judgment in the case commonly cited as Bhe v Magistrate, Khayelitsha (Commission for Gender Equality)67 set the tone for this full discussion of the rule of male primogeniture in South Africa, in the process corroborating the fact that the customary intestate succession laws of the two jurisdictions are similar., according to the view expressed in Bhe v Magistrate Khayelitsha, etc. (paragraphs 40 – 46). 2. Name the different options available to the court in Bhe v Magistrate Khayelitsha, etc. where a conflict between customary law and certain fundamental rights was in issue. 3..

Bhe_and_Others_v_Magistrate Bhe and Others v Magistrate

INTRODUCTION Justice Home. 2 Bhe and Others v Magistrate, Khayelitsha and Others (! ˆˆ % & - caus Curiae) ; Shibi v Sithole and Others; South African Human Rights Commission and Another v President of the Republic of South Africa and Another 2005 1 (SA) 580 (CC). This case is discussed in detail under succession law below., Bhe and Others v Magistrate, Khayelitsha and Others; Shibi v Sithole and Others; SA Human Rights Commission and Another v President of the RSA and Another 2005 (1) BCLR 1 (CC) Division: Constitutional Court Date: 15/10/2004 Case No: CCT49/03, CCT69/03, CCT50/03 Before: AL Chaskalson, Chief Justice; PN Langa, Deputy Chief Justice; TH Madala, Y Mokgoro, ED Moseneke, S Ngcobo, CME ….

PILANE v PILANE: A SUMMARY OF THE CONSTITUTIONAL COURT JUDGMENT September 2013 BACKGROUND On 28 February 2013, the Constitutional Court decided a case which upheld the rights of community members to have meetings at which they discuss concerns about the governance of their community. This has great significance in a context where a series of JUDICIAL "TRANSLATION" AND CONTEXTUALISATION OF VALUES: RETHINKING THE DEVELOPMENT OF CUSTOMARY LAW IN MAYELANE L Lewis 1 Introduction This article revisits the Constitutional Court case Mayelane v Ngwenyama1 to explore specific aspects of the intersection between customary law and constitutional norms.

The triple case judgment in the case commonly cited as Bhe v Magistrate, Khayelitsha (Commission for Gender Equality)67 set the tone for this full discussion of the rule of male primogeniture in South Africa, in the process corroborating the fact that the customary intestate succession laws of the two jurisdictions are similar. Case: Alexkor v Richtersveld Community and Others 2004 (5) SA 460 (CC) Case: Bhe and Others v Magistrate, Khayelitsha and Others 2005 (1) SA 580 (CC) Case: Gumede v President of the Republic of South Africa and Others 2009 (3) SA 152 (CC) Case: Shilubana and Others v Nwamitwa 2009 (2) SA 66 (CC) II. Dispute Resolution; III. Land; IV. Marriage

decisions not treated are President of the Republic of South Africa v Hugo 1997 (4) SA 1(CC) and City Council of Pretoria v Walker.) HISTORICAL INTERPRETATION Before commenting on the court's decision, it is necessary to take note of the relevant subsections of s. 8 and 33 of the interim constitution. Mthembu v Letsela and Another, an important case in South African customary law, was heard in the Transvaal Provincial Division by Le Roux J on 21 November 1996, with judgment handed down on 25 November.. The rule of African customary law which generally excludes African women from intestate succession was recognised by section 23 of the Black Administration Act and the regulations framed

Bhe v Magistrate, Khayelitsha * Professor of Law, North-West University (Potchefstroom Campus), South Africa. Sections of the research on which this article is based, were made possible by the financial support of the National Research Foundation. However, the author takes full responsibility for any possible errors and opinions. That project presupposes the existence of a culture of rights in advancing social change. In many ways, the Constitution has made a tangible impact on the lives of many, as noted in cases such as Alexkor Ltd v Richtersveld Community [6] and Bhe v Magistrate, Khayelitsha. [7]. In other ways, the specific legislation relating to customary law

Key Words. Customary law – Customary marriage – Validity. Mini Summary. The applicant sought an order declaring that a customary marriage existed between her and a third party (the deceased); alternatively that the third respondent be directed to register the customary marriage between the applicant and the deceased in terms of the provisions of section 4(7) of the Recognition of Customary These wereBhe v. Magistrate Khayelitsha,Shibi v. Sithole, and an application for direct access to the Court by the South African Human Rights Commission (SAHRC) and the Women’s Legal Center Trust (WLCT). Ms. Bhe and the deceased lived together as husband and wife for twelve years.

Bhe and Others v Khayelitsha Magistrate and Others 2005 (1) SA 580 (CC) (as an amicus curiae) The Bhe case concerned a constitutional challenge to the rule of male primogeniture as it applies in the African customary law of succession, as well as constitutional challenges to section 23 of the Black Administration Act, 38 Bhe and others v The Magistrate, Khayelitsha and others (Bhe) and Shibi v Sithole and others (Shibi) were applications for confirmation of orders of constitutional invalidity made by the Cape High Court and the Pretoria High Court respectively. Both Courts found s. 23(10)(a),(c) and (e) of the

Key Words. Customary law – Customary marriage – Validity. Mini Summary. The applicant sought an order declaring that a customary marriage existed between her and a third party (the deceased); alternatively that the third respondent be directed to register the customary marriage between the applicant and the deceased in terms of the provisions of section 4(7) of the Recognition of Customary Case: Alexkor v Richtersveld Community and Others 2004 (5) SA 460 (CC) Case: Bhe and Others v Magistrate, Khayelitsha and Others 2005 (1) SA 580 (CC) Case: Gumede v President of the Republic of South Africa and Others 2009 (3) SA 152 (CC) Case: Shilubana and Others v Nwamitwa 2009 (2) SA 66 (CC) II. Dispute Resolution; III. Land; IV. Marriage

Muslim Personal Law in South Africa NWU

bhe v magistrate khayelitsha case summary pdf

Bhe_and_Others_v_Magistrate Bhe and Others v Magistrate. Home Customary Law Bibliography IV. Marriage and Family Case: Bhe and Others v Magistrate, Khayelitsha and Others; Shibi v Sithole and Others; SA Human Rights Commission and Another v President of the RSA and Another 2005 (1) BCLR 1 (CC), regard to the status of Muslim personal law in South Africa. This article does not profess to be a comprehensive and detailed discussion of the various issues concerned. It merely comments on some of the issues as identified in the court cases and finally attempts to give a ….

Section 23 of the Black Administration Act 38 of 1927. regard to the status of Muslim personal law in South Africa. This article does not profess to be a comprehensive and detailed discussion of the various issues concerned. It merely comments on some of the issues as identified in the court cases and finally attempts to give a …, decisions not treated are President of the Republic of South Africa v Hugo 1997 (4) SA 1(CC) and City Council of Pretoria v Walker.) HISTORICAL INTERPRETATION Before commenting on the court's decision, it is necessary to take note of the relevant subsections of s. 8 and 33 of the interim constitution..

Women’s Property Rights In Namibia An Investigative

bhe v magistrate khayelitsha case summary pdf

BHE AND OTHERS v MAGISTRATE KHAYELITSHA AND. May 08, 2014 · The Constitutional Court has declared laws governing primogeniture – which allows complete inheritance by the eldest male descendant –to be unconstitutional and invalid. In a landmark ruling the Constitutional Court has confirmed that the SA customary law rules relating to intestate succession are unconstitutional and discriminatory. This is the ERT case summary of the Constitutional Court of South Africa decision of Bhe and others v The Magistrate, Khayelitsha and others Case CCT 49/03; Shibi v Sithole and others Case CCT 69/03; South African Human Rights Commission and another v President of the Republic of South Africa and another Case CCT 50/03..

bhe v magistrate khayelitsha case summary pdf

  • CONSTRUCTING EQUALITY DEVELOPING AN
  • UNIVERSITY OF PRETORIA FACULTY OF LAW Impact of the

  • regard to the status of Muslim personal law in South Africa. This article does not profess to be a comprehensive and detailed discussion of the various issues concerned. It merely comments on some of the issues as identified in the court cases and finally attempts to give a … Jan 22, 2009 · The Recognition of Customary Marriages Act, Act 120 of 1998, and the court decisions of inter alia Moseneke and Another v The Master and Another 2001 (2) SA 18 CC, Bhe v The Magistrate, Khayelitsha and Others CCT 49/03, etc., have a profound effect on deeds office practice and procedures relating to marriages and deceased estates of indigenous black people, respectively.

    May 08, 2014 · The Constitutional Court has declared laws governing primogeniture – which allows complete inheritance by the eldest male descendant –to be unconstitutional and invalid. In a landmark ruling the Constitutional Court has confirmed that the SA customary law rules relating to intestate succession are unconstitutional and discriminatory. 2007 VOLUME 10 No 1 . MC SCHOEMAN-MALAN PER/PELJ 2007(10)1 This report was completed after the High Court judgment inBhe v . Magistrate, Khayelitsha. 19. but before the Constitutional Court judgment in the , same case. 20. Bhe-case]. 21 SALRC 2004 . Customary Law of Succession. In ch 7 one can find a summary of a

    Bhe v Magistrate, Khayelitsha, 19. but before the Constitutional Court judgment in the same case. 20. The report was submitted to the Minister of Justice and Constitutional Development, but was never formally published. 21. 10. Implemented on 18 March 1988. See Van der Merwe and Rowland . Succession . 25 for the statutory and common law For a general discussion, see Rautenbach 2003: 107-114. 13 Bhe v Magistrate, Khayelitsha (Commission for Gender Equality as Amicus Curiae); Shibi v Sithole; South African Human Rights Commission v President of the Republic of South Africa 2005 1 SA 580 (CC) paras 40 and 148. See also the similar view of Bennet 2004: 43.

    the implications of the case for equality considerations more broadly. 2 Brief overview of the facts and previous judgments Mayelane v Ngwenyama dealt with a situation where a man, Mr Hlengani Dyson Moyana (now deceased), allegedly entered into customary marriages in terms of The case Bhe v Magistrate Khayelitsha (Commission for Gender Equality as Amicus Curiae; Shibi v Sithole and South African Human Rights Commission v President of the Republic of South Africa,9 has far reaching implication for the existing customary succession and inheritance law. The Constitutional Court heard these three cases

    GUMEDE (BORN SHANGE) V PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA Sachs, Skweyiya, Van der Westhuizen and Yacoob JJ agreeing): 1. Section 39(2) of the Constitution requires courts to apply and develop customary law in order to promote the spirit, purport and objects of the Bill of Rights. However, this is not a case where the Court has a Mthembu v Letsela and Another, an important case in South African customary law, was heard in the Transvaal Provincial Division by Le Roux J on 21 November 1996, with judgment handed down on 25 November.. The rule of African customary law which generally excludes African women from intestate succession was recognised by section 23 of the Black Administration Act and the regulations framed

    Case law in the Constitutional Court This principle of primogeniture succession was brought to light in the cases of Bhe v Khayelitsha Magistrate2; Shibi v Sithole3; South African Human Rights Commission v President of the Republic of South Africa4 which were all heard together in the Constitutional Court. Case law in the Constitutional Court This principle of primogeniture succession was brought to light in the cases of Bhe v Khayelitsha Magistrate2; Shibi v Sithole3; South African Human Rights Commission v President of the Republic of South Africa4 which were all heard together in the Constitutional Court.

    bhe v magistrate khayelitsha case summary pdf

    Bhe and Others v the Magistrate Khayelitsha and Another be distributed. The Master of the High Court may not, however, allow vulnerable groups like women and children to be exploited as a result of a family agreement SUMMARY The Bhe decision fundamentally changed the way deceased estates will be administered and distributed. All estates will (a) the Cape High Court in the matter of Bhe and Others v The Magistrate, Khayelitsha and Others, and (b) the Pretoria High Court in the matter of Charlotte Shibi v Mantabeni Freddy Sithole and Others are hereby set aside. 2. Section 23 of the Black Administration Act 38 of 1927 is declared to be inconsistent with the Constitution and invalid. 3.

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