Constitutional Challenges

Bhe v Magistrate, Khayelitsha

*CC declared S23 of the Black Administration Act
Unconstitutional (Females & extramarital male heirs
were prevented from inheriting) &(Violated a womans
rights to dignity)
*Extended the Intestate Succession Act to the
Customary Law of Succession and modified it to take
into Account African polygamous marriages
*Now superceded by the RCLSA

Daniels v Campbell
*CC extended the meaning of the term Spouse and
Survivor in the Intestate Succession act as well as the
Maintenance of Surviving spouses Act respectively to
include parties involved in a monogamous Muslim
marriage.
Applied to Govender v Ragavayah as well

Hassam v Jacobs
CC extended the principle above to include a woman
in a polygamous Muslim marriage to receive an
intestate share from her deceased husbands estate.

Gory v Kolver
CC extended the principle of Spouse in the intestate
Succession Act to include partner in a permanent same-
sex partnership in which the partners have undertaken
reciprocal duties of support.
*This decision was made retrospective