78
YEAR LAW TO GO
South Africa is making moves to amend a 78 year old act which gives the right to first-born sons in black families to take up inheritance.
A Bill has therefore been placed in the South African parliament aiming at repealing the old act known as the Black Administration Act of 1927.
Among the various changes, the Act, described in the preamble as "repugnant to the values set out in the Constitution", challenges the customary right of first-born males in black families to inherit the estate automatically.
The Bill was published in the Government Gazette in last month and was as a result of an investigation and report of the South African Law Reform Commission in July.
"Since not all the provisions of the Act can be repealed immediately, the Bill envisages the repeal of some of the provisions immediately, and others on a particular date in the near future or on the date of implementation of substitute statutory provisions by different role players in the national and provincial spheres of government, whichever occurs earlier," it was explained in an explanatory memorandum.
The South African Law Reform Commission's Hennie Potgieter said what the new legislation seeks to do is to try to draw a line through the old Act. It also ensures that the issues contained in the Act are covered by other forms of legislation on national and provincial level.
"The most significant changes concerned the succession of states of black people, which according to the Act was dealt with differently from states belonging to other races," he said, explaining that the new legislation stands to provide a uniform approach to the succession of states.
But, he said, there are those who disapprove of the changes as they challenge customary laws ensuring that first-born males of any family automatically inherits the estate.
"The Constitutional Court, however, has already ruled against this [law ensuring first-born males inherit the property], deeming it unconstitutional," he said.
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