Bhe v. Magistrate of Khayelitsha; Shibi v. Sithole; South African Human Rights Commission v. President of the Republic of South Africa

18 BHRC 52 (2004)

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Bhe v. Magistrate of Khayelitsha; Shibi v. Sithole; South African Human Rights Commission v. President of the Republic of South Africa

South Africa Constitutional Court
18 BHRC 52 (2004)

CR

Facts

Nonkululeko and Anelisa Bhe (the Bhes) and Charlotte Shibi (plaintiffs) were women who, after the deaths of their family members, were negatively impacted by the South African principle of primogeniture, which provided that widows could not inherit as the intestate heirs of their late husbands, daughters and younger sons could not inherit from their parents, and extramarital children could not inherit from their fathers. They, along with the South African Human Rights Commission (plaintiff) brought action against the magistrate of Khayelitsha, Mantabeni Sithole, and the president of the Republic of South Africa (defendants), challenging the law as violating §§ 9, 10, and 28 of the South African Constitution (the constitution).

Rule of Law

Issue

Holding and Reasoning (Langa, J.)

Concurrence (Ngcobo, J.)

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