TO DEVELOP OR NOT TO DEVELOP THE CUSTOMARY LAW: THAT IS THE QUESTION IN BHE
نویسندگان
چکیده
The decision of the Constitutional Court in Bhe v Magistrate, Khayelitsha, Shibi Sithole, South African Human Rights Commission President Republic Africa (2005 1 SA 580 (CC)) refers. In this important decision, its majority judgment, delivered by Langa DCJ, struck down male primogeniture rule customary law succession as unconstitutional. considering various remedies available to court, it chose not develop offending terms section 39(2) Constitution. his minority judgment Ngcobo J, however, did opt for development law, ameans prevent (permanent?) abolition rule. discussion court’s different approaches question whether or will be assessed, with a view placing into perspective approach application Bill generally. A constitutional viability rule, well relation between particular facts and falls outside scope discussion. Of particularimportance is our viewpoint that, whereas at cursory glance seems impact significantly on constitutionality only (that is, rule), has more significant far-reaching implications recognition system
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ژورنال
عنوان ژورنال: Obiter
سال: 2022
ISSN: ['1682-5853', '2709-555X']
DOI: https://doi.org/10.17159/obiter.v26i1.14812