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Bhe & others V. The Magistrate, Khayelitsha & others: Constitutional Court of South Africa, 2004

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Date December 29, 20152:52 pm
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Summary

The application in Bhe was made on behalf of the two minor daughters of Ms Nontupheko Bhe and her deceased partner. The applicants submitted that the impugned provisions and the customary law rule of male primogeniture unfairly discriminated against the two children in that they prevented the children from inheriting the estate of their late father.

The applicants in this matter sought to challenge section 23 of the Black Administration Act, 38 of 1927, regulations promulgated in terms of that section and s. 1(4)(b) of the Intestate Succession Act, 81 of 1987 as being discriminatory and unfair to girls and women who are unable to inherit from intestate parents.

The court held that the said provisions are against the principle of equality as provided for in the Constitution. The Court upheld the challenges, struck down the impugned statutory provisions and regulations, and put in place a new interim regime to govern intestate succession for black estates.

link to related documents: http://www.constitutionalcourt.org.za/uhtbin/cgisirsi/x/0/0/5/0#top

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