GESKIEDENIS VAN DIE MAN- LIKE EERSGEBOORTEREGSREëL IN DIE INHEEMSE REG DEEL II: ONLANGSE REGSPRAAK

Abstract

This article explores the recognition of the male primogeniture rule in the customary law of succession. In the first of three parts, part one of the article traces the recognition of the rule in the various decisions of the Appeal Court of the Commissioners' courts. Part two deals with the constitutionality of the male primogeniture rule in terms of recent case law, whereafter the discussion is concluded in part three with an overview of the recommendations of the South African Law Reform Commission in this regard.