Book contents
- Frontmatter
- Contents
- Notes on Contributors
- Acknowledgments
- Introduction
- Part One The Nature and Future of Customary Law
- Part Two Ascertainment, Application, and Codification of Customary Law
- Part Three The Role and Power of Traditional Authorities
- Part Four Customary Land, Property Rights, and Succession
- 13 Entrapment or Freedom
- 14 Romancing Customary Tenure
- 15 Reform of the South African Customary Law of Succession
- Part Five Customary Criminal Law
- Part Six Customary Law, Human Rights, and Gender Equality
- Index
- References
15 - Reform of the South African Customary Law of Succession
Final Nails in the Customary Law Coffin?
Published online by Cambridge University Press: 05 February 2012
- Frontmatter
- Contents
- Notes on Contributors
- Acknowledgments
- Introduction
- Part One The Nature and Future of Customary Law
- Part Two Ascertainment, Application, and Codification of Customary Law
- Part Three The Role and Power of Traditional Authorities
- Part Four Customary Land, Property Rights, and Succession
- 13 Entrapment or Freedom
- 14 Romancing Customary Tenure
- 15 Reform of the South African Customary Law of Succession
- Part Five Customary Criminal Law
- Part Six Customary Law, Human Rights, and Gender Equality
- Index
- References
Summary
Introduction: Nailing the Issues
The customary law of succession in South Africa is one area of customary law that has been subject to severe criticism over the years, and even more so since South Africa’s new constitutional dispensation and people’s growing awareness of human rights and freedoms. It should therefore come as no surprise that this area of customary law has lately been subject to various judicial and legislative changes. In fact, there have been so many changes to the customary law of succession that one could easily argue that the contemporary customary law of succession is no longer customary law, but something totally different.
- Type
- Chapter
- Information
- The Future of African Customary Law , pp. 336 - 360Publisher: Cambridge University PressPrint publication year: 2011
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