By Keyword
Family/Marriage
South Africa
Bhe and Others v. Magistrate, Khauelitsha and Others, (October 15, 2004)
Constitutional Court
Keywords: Discrimination-Gender/Sex; Family/Marriage
Brief Summary: Challenge to the "Black Administration Act 38 of 1927" which excluded women and extra-marital children from inheriting property.
CEDAW: The court acknowledges that given the development "of African communities into urban and industrialized communities, and the role that women play in . . . society, the exclusion of women from succeeding to the family head can no longer be justified." These changes must also be examined against international conventions such as CEDAW, to which South Africa is a signatory, which require South Africa "to ensure, amongst other things, the practical realisation [sic] of the principle of equality between men and women and to take all appropriate measures to modify or abolish existing laws, regulations, customs and practices that constitutes discrimination against women."
Full Text (LEXIS ONLY)
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