GESKIEDENIS VAN DIE MANLIKE EERSGEBOORTEREGSREëL IN DIE INHEEMSE REG DEEL I: OORSIG VAN REGSPRAAK IN DIE KOMMISSARISHOWE

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 Commissioners’ courts. Part two deals with the constitutionality of the male primogeniture rule in terms of recent case law, whereafter the discussion is concluded with an overview of the recommendations of the South African Law Reform Commission in this regard.