How South Africa's New Inheritance Laws Affect Traditional Customs

What is it about?

In South Africa, traditional rules about inheritance, known as the customary law of succession, have long sparked debates about human rights because they often favoured men over women. Following the end of apartheid, some court cases addressed these unfair practices, leading to the creation of a new law called the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009, which became effective on 20 September 2010. This law aimed to change the traditional rules by introducing common law principles, while still allowing some flexibility for specific cultural practices within traditional communities. However, there is ongoing debate about whether these changes truly honour the constitutional promise to protect customary law. My chapter explores the ways in which the South African government has changed the traditional inheritance rules and questions whether any genuine customary practices still exist after these legal reforms.

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Photo by Ninno JackJr on Unsplash

Photo by Ninno JackJr on Unsplash

Why is it important?

What makes my work unique and timely is its focus on the balance between modern legal reforms and traditional practices in a diverse society. My chapter explores the key ways in which the South African government has changed the traditional inheritance rules and questions whether any genuine customary practices still exist after these legal reforms. By shedding light on this evolving legal landscape, my work contributes to the broader conversation about cultural preservation and human rights in a rapidly changing world.

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