Chapter 13 - Constitutional and statutory reforms f the customary law of succession Flashcards
What is the definition of a descendant according to Section 1 of the Reform of Customary Law of Succession and Regulation of Related Matters Act 1 of 2009?
A person who is not a descendant in terms of the Intestate Succession Act, but who, during the lifetime of the deceased person, was accepted by the deceased person in accordance with customary law as his or her child.
What is the definition of a spouse according to Section 1 of the Reform of Customary Law of Succession and Regulation of Related Matters Act 1 of 2009?
A woman, other than the spouse of the deceased, with whom the man had entered into a union in accordance with customary law for the purpose of providing children for his spouse’s house must, if she survives him, be regarded as a descendant of the deceased.
What is the definition of woman-to-woman marriages according to Section 1 of the Reform of Customary Law of Succession and Regulation of Related Matters Act 1 of 2009?
Woman-to-woman marriages is a practice that is found all over Africa, although it is rare. This occurs traditionally when a widow marries another woman or women to raise an heir for her late husband - or even to procreate more children.
What is the definition of property acquired by a traditional leader according to Section 1 of the Reform of Customary Law of Succession and Regulation of Related Matters Act 1 of 2009?
Property held by a chief acting as a traditional leader in accordance with the Traditional Leadership Governance Framework Act is excluded from his personal estate for the purpose of administering it after his death.
