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  3. University Of Cape Town (UCT)
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  5. African customary law (PVL3003S)

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Summary ACL: CASE SUMMARIES

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  • Course
  • African customary law (PVL3003S)
  • Institution
  • University Of Cape Town (UCT)

- summaries containing prescribed and non-prescribed cases for term 3 and 4 - includes the facts, issue, outcome as well as important criticisms or notes - contains information from class and the textbook - includes an in-depth breakdown of the factors needed to determine ACL (Shilubana) as dis...

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Document information

  • September 7, 2023
  • 19
  • 2023/2024
  • Summary

Subjects

  • african customary law

Written for

  • University of Cape Town (UCT)
  • African customary law (PVL3003S)
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Kaya Borkowski




African Customary Law


DISTRIBUTION OF THIS DOCUMENT IS ILLEGAL


Cases

1. Bhe v Magistrate 2005
2. Shilubana and Others v Nwamitwa and Others 2008
3. MM v MN 2013 (CC)
4. Mabena v Letsoalo 1998
5. Mabuza v Mbatha 2003
6. Mbungela v Mkabi 2020
7. Mathaba v Minister of Home Affairs (not prescribed)
8. MN v MM 2012 (SCA)
9. Palesa v Moloko 2013 (not prescribed)
10. Monyepao v Ledwaba 2020 (not prescribed)


Ascertainment and Proof of ACL

Bhe v Magistrate
2005

Facts
- concerned a constitutional challenge to the rule of male primogeniture
- the father of applicants, Nonkuleleko and Anelisa Bhe (aged 9 and 2), had died,
and the mother brought an action to secure the deceased's property for her
daughters
- Under the African customary law rule of primogeniture as well as section 23 of
the Black Administration Act, the house became the property of the eldest male
relative of the father, in this case the grandfather.

Issue
- Black intestate estates and non-Black intestate estates were formerly governed
by different systems. Is this discriminatory?

Outcome

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