The Role Of Male Primogeniture And The Role Of Women To Inherit Under Customary Law Of Succession

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The Role of Male Primogeniture and the Role of Women to Inherit Under Customary Law of Succession

Author : Refiloe Kgopotso Maunatlala
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (116 download)

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Book Synopsis The Role of Male Primogeniture and the Role of Women to Inherit Under Customary Law of Succession by : Refiloe Kgopotso Maunatlala

Download or read book The Role of Male Primogeniture and the Role of Women to Inherit Under Customary Law of Succession written by Refiloe Kgopotso Maunatlala and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: South African customary law has a significant impact on the personal lives of the majority of African people. It has over the years, gained a repute of discriminating against women, treating them as second-class citizens.1 Central to customary lawaÌ22́Ơ4́Øs application was the rule of male primogeniture. A rule that is at the heart of this research and is identified by its tendency to discriminate against women in areas such as guardianship, inheritance, appointment to traditional offices, exercise of traditional authority and the age of majority.2 The legal system of South Africa is pluralistic in nature.3 Hence, the South African law of succession consisted of the common law of succession as well as the customary law of succession.4 The Intestate Succession Act,5 and the Wills Act,6 regulated common law of succession, whilst customary law of succession was characterised by the application of the rule of male primogeniture, a rule that is central to this research.7 Some people argued that extending the Intestate Succession Act, as held in the Bhe v Magistrate, khayelitsha 2004 (2) SA 544 (C) case, to apply to indigenous persons had the effect of abandoning the customary system of succession in favour of common law.8 This method of reform was considered inappropriate because rather than merely imposing common law of succession on people who are subject to customary law, Nhlapo and Himonga argue that it is first vital to investigate the possibility of incorporating those aspects of customary law, and values that are consistent with the Constitution in the reform of the law of succession. This research will look at some of the problems presented by the abolition of the rule of male primogeniture and the extension of the Intestate Succession Act to customary law of succession. It will also look at the possibility of harmonising common law with customary law without imposing one system of law on the other. The researcher makes remarks and recommendation on how best to reconcile customary law with the Constitution without imposing western law on customary law.

Reform of Customary Law of Succession with Specific Reference to Gender Equality

Author : Nozizwe Aletta Magagula
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (116 download)

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Book Synopsis Reform of Customary Law of Succession with Specific Reference to Gender Equality by : Nozizwe Aletta Magagula

Download or read book Reform of Customary Law of Succession with Specific Reference to Gender Equality written by Nozizwe Aletta Magagula and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The traditional customary law is concerned with the preservation and continuation of the family name and unity within the household, with the successor succeeding to both the status of the family head and inheritance. One of the principles that forms part of the DNA of the traditional customary law of succession, is the patriarchal rule of male primogeniture, which roots for the eldest sons as successors. This rule became part of the statutory law such as the Black Administration Act. Women and younger girls were thereby explicitly disregarded in the issues of intestate succession. This rule was declared invalid and unconstitutional by the Constitutional Court in Bhe v Magistrate, Khayelitsha as it is in conflict with the provisions of the Constitution. The Court constructed its decision around the fact that the primogeniture rule precluded widows from inheriting intestate from their deceased husbands' estates, daughters, younger male children as well as extra-marital children from inheriting from their deceased fathers' estates. The Court then gave the legislature the mandate of enacting legislation that will align the traditional customary law with the Constitution. It is then that the Reform of Customary Law of Succession and Related Matters Act (hereinafter RCLSA) was introduced, so as to deal with certain aspects that the Intestate Succession Act failed to attend to. Whether or not the RCLSA is legislation that specifically deals with the living African customary law of intestate succession and protects the rights of women and female children is the main objective of this research.

Laws and Practices Relating to Women's Inheritance Rights in Nigeria

Author : Joy Ezeilo
Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Laws and Practices Relating to Women's Inheritance Rights in Nigeria by : Joy Ezeilo

Download or read book Laws and Practices Relating to Women's Inheritance Rights in Nigeria written by Joy Ezeilo and published by . This book was released on 2000 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Future of African Customary Law

Author : Jeanmarie Fenrich
Publisher : Cambridge University Press
ISBN 13 : 1139497820
Total Pages : 563 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Future of African Customary Law by : Jeanmarie Fenrich

Download or read book The Future of African Customary Law written by Jeanmarie Fenrich and published by Cambridge University Press. This book was released on 2011-07-18 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. It considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form and status from legislation and common law.

Inheritance and Disinheritance

Author : Nelson Tebbe
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Inheritance and Disinheritance by : Nelson Tebbe

Download or read book Inheritance and Disinheritance written by Nelson Tebbe and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article concerns the conflict between African traditional rules of inheritance, which feature a rule of male primogeniture, and the post-apartheid constitution, which contains a strong guarantee of gender equality. While that guarantee must ultimately be enforced by the judiciary, this Article argues that the South African Constitutional Court's recent decision to strike down the central African customary rule for property inheritance carries a greater danger of backlash than has commonly been recognized. That risk is particularly grave under current political conditions, which are seeing a shift toward Africanization. Enduring change might more profitably be achieved by Parliament, by provincial and local governments, and by local communities themselves. A recent decision concerning inheritance of the chieftainship suggests that some African communities are already harmonizing customary law and progressive constitutional values. The Article ends by suggesting an approach that incentivizes localized reform, rather than commanding it in the first instance.

Indigenous Peoples, Customary Law and Human Rights – Why Living Law Matters

Author : Brendan Tobin
Publisher : Routledge
ISBN 13 : 1317697545
Total Pages : 325 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Indigenous Peoples, Customary Law and Human Rights – Why Living Law Matters by : Brendan Tobin

Download or read book Indigenous Peoples, Customary Law and Human Rights – Why Living Law Matters written by Brendan Tobin and published by Routledge. This book was released on 2014-08-27 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.

Women's Human Rights

Author : Susan Deller Ross
Publisher : University of Pennsylvania Press
ISBN 13 : 0812200020
Total Pages : 702 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Women's Human Rights by : Susan Deller Ross

Download or read book Women's Human Rights written by Susan Deller Ross and published by University of Pennsylvania Press. This book was released on 2013-10-09 with total page 702 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to Susan Deller Ross, many human rights advocates still do not see women's rights as human rights. Yet women in many countries suffer from laws, practices, customs, and cultural and religious norms that consign them to a deeply inferior status. Advocates might conceive of human rights as involving torture, extrajudicial killings, or cruel and degrading treatment—all clearly in violation of international human rights—and think those issues irrelevant to women. Yet is female genital mutilation, practiced on millions of young girls and even infants, not a gross violation of human rights? When a family decides to murder a daughter in the name of "honor," is that not an extrajudicial killing? When a husband rapes or savagely beats his wife, knowing the legal authorities will take no action on her behalf, is that not cruel and degrading treatment? Women's Human Rights is the first human rights casebook to focus specifically on women's human rights. Rich with interdisciplinary material, the book advances the study of the deprivation and violence women suffer due to discriminatory laws, religions, and customs that deny them their most fundamental freedoms. It also provides present and future lawyers the legal tools for change, demonstrating how human rights treaties can be used to obtain new laws and court decisions that protect women against discrimination with respect to employment, land ownership, inheritance, subordination in marriage, domestic violence, female genital mutilation, polygamy, child marriage, and the denial of reproductive rights. Ross examines international and regional human rights treaties in depth, including treaty language and the jurisprudence and general interpretive guidelines developed by human rights bodies. By studying how international human rights law has been and can be implemented at the domestic level through local courts and legislatures, readers will understand how to call upon these newly articulated human rights to help bring about legislation, court decisions, and executive action that protect women from human rights violations.

Feminist Perspectives on Equity and Trusts

Author : Susan Scott-Hunt
Publisher : Routledge
ISBN 13 : 1135340501
Total Pages : 371 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Feminist Perspectives on Equity and Trusts by : Susan Scott-Hunt

Download or read book Feminist Perspectives on Equity and Trusts written by Susan Scott-Hunt and published by Routledge. This book was released on 2013-06-17 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unique in being written by feminists, in dealing with equity and trusts as a whole and in being written in the critical tradition, this collection of essays draws together both feminist and critical material.

The Dynamics of Inheritance on the Shakespearean Stage

Author : Michelle M. Dowd
Publisher : Cambridge University Press
ISBN 13 : 1316300749
Total Pages : 305 pages
Book Rating : 4.3/5 (163 download)

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Book Synopsis The Dynamics of Inheritance on the Shakespearean Stage by : Michelle M. Dowd

Download or read book The Dynamics of Inheritance on the Shakespearean Stage written by Michelle M. Dowd and published by Cambridge University Press. This book was released on 2015-05-19 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Early modern England's system of patrilineal inheritance, in which the eldest son inherited his father's estate and title, was one of the most significant forces affecting social order in the period. Demonstrating that early modern theatre played a unique and vital role in shaping how inheritance was understood, Michelle M. Dowd explores some of the common contingencies that troubled this system: marriage and remarriage, misbehaving male heirs, and families with only daughters. Shakespearean drama helped question and reimagine inheritance practices, making room for new formulations of gendered authority, family structure, and wealth transfer. Through close readings of canonical and non-canonical plays by Shakespeare, Webster, Jonson, and others, Dowd pays particular attention to the significance of space in early modern inheritance and the historical relationship between dramatic form and the patrilineal economy. Her book will interest researchers and students of early modern drama, Shakespeare, gender studies, and socio-economic history.

Role of land access in youth migration and youth employment decisions: Empirical evidence from rural Nigeria

Author : Ghebru, Hosaena
Publisher : Intl Food Policy Res Inst
ISBN 13 :
Total Pages : 26 pages
Book Rating : 4./5 ( download)

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Book Synopsis Role of land access in youth migration and youth employment decisions: Empirical evidence from rural Nigeria by : Ghebru, Hosaena

Download or read book Role of land access in youth migration and youth employment decisions: Empirical evidence from rural Nigeria written by Ghebru, Hosaena and published by Intl Food Policy Res Inst. This book was released on 2018-10-22 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: The paper examines the role of land access in youth migration and employment decisions using a two wave panel data set from the Living Standards Measurement Study—Integrated Surveys on Agriculture (LSMS-ISA) from Nigeria. Overall, the findings show that the size of expected land inheritance is significantly and negatively associated with long distance migration and migration to urban areas, while a similar impact is negligible when a broader definition of migration is adopted and when migration is deemed as temporary. A more disaggregated analysis by considering individual characteristics of the youth shows that results are more elastic for older youth and those that are less educated, while we find no difference when comparisons are made by gender. Similar analysis on the influence of land access on youth employment choices shows strong evidence that the larger the size of the expected land inheritance the lower the likelihood of the youth being involved in non-agricultural activities and a higher chance of staying in agriculture or the dual sector. The results further reveal that youth in areas with a high level of agricultural commercialization and modernization seem to be more responsive to land access considerations in making migration and employment decisions than are youth residing in less commercialized areas. Finally, the results from the differential analysis suggest that rural-to-urban migration and the likelihood of youth involvement in the dual economy is more responsive to the size of the expected land inheritance for less educated youth as compared to more educated ones.

Gender and Justice in Multicultural Liberal States

Author : Monique Deveaux
Publisher : OUP Oxford
ISBN 13 : 0191537284
Total Pages : 276 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Gender and Justice in Multicultural Liberal States by : Monique Deveaux

Download or read book Gender and Justice in Multicultural Liberal States written by Monique Deveaux and published by OUP Oxford. This book was released on 2006-11-30 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gender and Justice in Multicultural Liberal States explores the challenges that culturally plural liberal states face when they hold competing political commitments to cultural rights and sexual equality, and advances an argument for resolving such dilemmas through democratic dialogue and negotiation. Exploring recent examples of gendered cultural conflicts in South Africa, Canada, and Britain, this book shows that there is an urgent need for workable strategies to mediate the antagonisms between the cultural practices and arrangements of certain ethno-cultural and religious groups and the norms and constitutional rights endorsed by liberal states. Yet such strategies will be successful only insofar as they can resolve conflicts without either reinforcing women's subordination within cultural communities or unjustly dismissing calls for cultural recognition and forms of self-governance. To this end, the book develops an approach to mediating cultural tensions that takes seriously the demands of justice by cultural and religious minorities in liberal democratic states. Grounded in an argument for democratic legitimacy, this approach invokes norms of political inclusion and democratic dialogue, and highlights negotiation and compromise as the best vehicles for arriving at resolutions to conflicts of cultural value. However, it also reconceives the basis of democratic legitimacy so as to include not merely formal expressions of political consent, but also a range of non-formal democratic activity that occur in the private and social spheres, from acts of cultural reinvention and subversion to outright expressions of dissent and cultural refusal.

The Georgetown Journal of Gender and the Law

Author :
Publisher :
ISBN 13 :
Total Pages : 1278 pages
Book Rating : 4.:/5 (5 download)

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Book Synopsis The Georgetown Journal of Gender and the Law by :

Download or read book The Georgetown Journal of Gender and the Law written by and published by . This book was released on 2006 with total page 1278 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Religion and Equality Law

Author : Nelson Tebbe
Publisher : Routledge
ISBN 13 : 1351551620
Total Pages : 525 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Religion and Equality Law by : Nelson Tebbe

Download or read book Religion and Equality Law written by Nelson Tebbe and published by Routledge. This book was released on 2017-07-05 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays selected for this volume address topics at the intersection of religion and equality law, including discrimination against religion, discrimination by religious actors and discrimination in favor of religious groups and traditions. The introduction provides a conceptual guide to these types of inequality - which are often misunderstood or conflated - and it offers an analysis of different species of discrimination within each broad category. Each section of the volume contains both theoretical essays, which set out frameworks for thinking about the relevant type of inequality, and essays that examine real-world disputes. For example, the articles address the conflicts over headscarf laws in France and Turkey, the place of so-called traditional religions in Africa, the display of Roman Catholic crucifixes in Italian classrooms, and the ability of American religious organizations to be free of employment laws in their treatment of clergy. This volume brings together classic articles which are otherwise difficult to access, enables students to study key articles side-by-side, and provides instructors with a valuable teaching resource.

Economic, Social and Cultural Rights in International Law

Author : Manisuli Ssenyonjo
Publisher : Bloomsbury Publishing
ISBN 13 : 1509902031
Total Pages : 800 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Economic, Social and Cultural Rights in International Law by : Manisuli Ssenyonjo

Download or read book Economic, Social and Cultural Rights in International Law written by Manisuli Ssenyonjo and published by Bloomsbury Publishing. This book was released on 2016-10-06 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the first edition (published in 2009), there have been several important treaty developments, including the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) on individual communications, and significant developments in the case law on economic, social and cultural (ESC) rights. The second edition addresses these developments and explores ESC rights from foundational issues to substantive rights and systems of protection. It has been fully updated to include new material and up-to-date coverage of the case law of human rights bodies and national courts on ESC rights. In addition to the rights to health, education and work covered in the first edition, the second edition analyses new developments, such as the rights to adequate food, water and sanitation, adequate housing, social security and cultural rights. It also considers several contemporary issues including the extraterritorial human rights obligations of states in the area of economic, social and cultural rights; non-state actors; relationship of the ICESCR to other areas of international law; the Optional Protocol to the ICESCR; regional protection of ESC rights; more examples of the domestic protection of ESC rights; the protection of ESC rights of vulnerable groups; contemporary challenges to ESC rights, including poverty, corruption, armed conflicts and terrorism. It concludes by exploring the possible establishment of a World Court of Human Rights.

Rajasthan

Author : K. S. Singh
Publisher : Popular Prakashan
ISBN 13 : 9788171547692
Total Pages : 644 pages
Book Rating : 4.5/5 (476 download)

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Book Synopsis Rajasthan by : K. S. Singh

Download or read book Rajasthan written by K. S. Singh and published by Popular Prakashan. This book was released on 1998 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa: a commentary

Author : Frans Viljoen
Publisher : Pretoria University Law Press
ISBN 13 :
Total Pages : 672 pages
Book Rating : 4./5 ( download)

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Book Synopsis The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa: a commentary by : Frans Viljoen

Download or read book The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa: a commentary written by Frans Viljoen and published by Pretoria University Law Press. This book was released on 2023-08-28 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first in a series of PULP commentaries on African human rights law, under the series title: PULP Commentaries on African human rights law Since its adoption on 11 July 2003, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol) has become a landmark on the African human rights landscape. It has steadily gained prominence as a trail-blazing instrument, responsive to the diverse realities of women on the African continent. This comprehensive Commentary on the Maputo Protocol, the first of its kind, provides systematic analysis of each article of the Protocol, delving into the drafting history, and elaborating on relevant key concepts and normative standards. This Commentary aims to be a ‘one-stop-shop’ for anyone interested in the Maputo Protocol, such as researchers, teachers, students, practitioners, policymakers and activists.

Protecting Human Security in Africa

Author : Ademola Abass
Publisher : Oxford University Press
ISBN 13 : 0191637165
Total Pages : pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Protecting Human Security in Africa by : Ademola Abass

Download or read book Protecting Human Security in Africa written by Ademola Abass and published by Oxford University Press. This book was released on 2010-09-23 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Protecting Human Security in Africa discusses some of the most potent threats to human security in Africa. It deals especially with those threats to the security of African people which are least understood or explored. In themes varying from corruption, the proliferation of small arms and light weapons, food security, the devastation of internal displacement in Africa, the link between natural resources and human security, to the problems of forced labour, threats to women's security, and environmental security, the book examines the legal and policy challenges of protecting human security in Africa. This work also analyses the role of NGOs and the civil society in advocating human security issues in Africa. It considers the role of regional human rights mechanisms and judicial bodies, such as the African Commission for Human Rights and the African Court of Human and Peoples' Rights, in seeking to guarantee human security in Africa. Finally, with particular reference to the Somalia, Zimbabwe, Kenya, and Darfur crises, the book studies the role of African regional organizations, especially the African Union, in protecting the human security of Africans. Written by leading experts on its various themes, this is an indispensable book for all those seeking to learn more about the real challenges facing Africans and African organizations.