In three cases, the applicants and public interest organisations challenged inheritance laws that favoured males; rights of African women and children to inheritance; Black Administration Act that recognised customary law governing succession was discriminatory on grounds of race; customary law rules on male primogeniture discriminatory on grounds of race, gender and birth.
The case has the practical effect of annulling discriminatory laws. However, Michelle Sullivan from the Women’s Law Centre has commented that the challenge is to ensure implementation of the decision since the affected women and girls are located in rural areas and many deceased estates are dealt with informally. Such beneficiaries can bring enrichment claims but they will require significant assistance from government officials and magistrates. See article by Sullivan cited below.
The order is significant since it conclusively strikes down discrimination against women, girl children and men other than the eldest male relative on the basis of race, sex, gender, social origin and birth. Michelle Sullivan notes that it will help assist widows and children avoid eviction from the family home upon the death of a husband or father. The judgment also enabled the government to avoid having to legislate in this controversial area of customary law; it was joined to the case but simply submitted that it would abide by the Court’s decision. However, a partially dissenting judge felt that the customary rule of male primogeniture should not have been struck down but developed so as to be brought in line with the right to equality.
Information on groups and individuals involved on the case: Women’s Legal Centre (Fourth Applicant in Bhe and Second Applicant in SAHRC) P.O Box 5356, Cape Town, 8000 Telephone number: (021) 421 1380 Fax number: (021) 421 1386 Email: sharon@wlce.co.za Web: http://www.wlce.co.za