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Bhe v Magistrate Khayelitsha
Systems and Context of South African Law (University of Cape Town)
StuDocu is not sponsored or endorsed by any college or university
Bhe v Magistrate Khayelitsha
Systems and Context of South African Law (University of Cape Town)
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lOMoARcPSD|8970258

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 O’Regan, AL Sachs, TL Skweyiya, ZM
Yacoob and J van der Westhuizen, Justices
• Editor’s Summary • Cases Referred to • Judgment •
Administration of Estates – intestate succession – Blacks – section 23 of the Black
Administration Act 38 of 1927 declared unconstitutional and invalid – Regulations for the
Administration and Distribution of the Estates of Deceased Blacks (R200) published in
Government Gazette No. 10601 dated 6 February 1987 declared unconstitutional and
invalid – rule of male primogeniture as it applies in African customary law to the
inheritance of property declared to be unconstitutional and invalid to the extent that it
excludes or hinders women and extra-marital children from inheriting property – section
1(4)(b) of the Intestate Succession Act 81 of 1987 declared unconstitutional and invalid –
section 1 of the Intestate Succession Act 81 of 1987 to apply to intestate deceased
estates that would formerly have been governed by section 23 of the Black Administration
Act 38 of 1927 subject to certain rules.
African customary law – constitutional obligation to develop African customary law and
status of customary law – discussed in general.
Blacks – succession – intestate succession – section 23 of the Black Administration Act 38
of 1927 declared unconstitutional and invalid – Regulations for the Administration and
Distribution of the Estates of Deceased Blacks (R200) published in Government Gazette
No. 10601 dated 6 February 1987 declared unconstitutional and invalid – rule of male
primogeniture as it applies in African customary law to the inheritance of property declared
to be unconstitutional and invalid to the extent that it excludes or hinders women and
extra-marital children from inheriting property – section 1(4)(b) of the Intestate
Succession Act 81 of 1987 declared unconstitutional and invalid – section 1 of the
Intestate Succession Act 81 of 1987 to apply to intestate deceased estates that would
formerly have been governed by section 23 of the Black Administration Act 38 of
1927 subject to certain rules.