South African Constitutional Court protects customary law’s development towards gender equality

Wednesday, 11 June, 2008

On 4 June 2008, the Constitutional Court of South Africa handed down the decision in the case of Shilubana and Others v Nwamitwa (Case CCT 3/07). The case arose out of a succession dispute, following the death in 2001 of the chief of the Valoyi community in Limpopo. The eldest son of the deceased chief disputed a decision that the Royal Family adopted in December 1996 to end male primogeniture and confer chieftainship to the eldest daughter of the deceased’s brother (and predecessor in title) of the then reigning chief.

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