Issued by: SA Communication Service
MEDIA STATEMENT BY THE SOUTH AFRICAN LAW COMMISSION CONCERNING ITS INVESTIGATION INTO SUCCESSION IN CUSTOMARY LAW (PROJECT 90: ISSUE PAPER 12)
The South African Law Commission has published an Issue Paper on succession in customary law for general information and comment.
The law of succession exists to determine before people die, who will inherit their property and succeed to their obligations. Rules of succession therefore function to counteract the disruptive effect that death may have on the integrity of a family unit, and, by prescribing which of a deceased's immediate kin qualify as potential successors, these rules have the effect of confirming the family bloodline.
The main issues which arise in the investigation are the following:
The Commission invites the comments of all persons who feel that they have an interest in the topic. Individuals, organisations and institutions affected by this area of law or who are likely to be affected by possible changes to the existing principles and rules should participate in this debate and are invited to indicate how the present law affects them, what their concerns are, what solutions they are able to propose and whether there are other issues and/or options that must be explored.
Based on outcome of these comments a Discussion Paper setting out the issues and preliminary recommendations and containing draft legislation will be prepared and distributed for general information and comment. On the basis of these comments and discussions, a report containing the Commission's final recommendations will be prepared and presented to the Minister of Justice.
It would be appreciated if written comments or suggestions could reach the Commission by 30 June 1998 at the address given below.
The Issue Paper is obtainable free of charge from the Commission on request. It is also available on the Internet under "The South African Law Commission" at www.law.wits.ac.za/salc/salc.html
Correspondence should be addressed to: The Secretary South African Law Commission Private Bag x668 PRETORIA 0001
e-mail: matshelo@salawcom.org.za
ISSUED BY THE SECRETARY, SA LAW COMMISSION, PRETORIA DATE: 29 APRIL 1998 CONTACT FOR ENQUIRIES IN RESPECT OF MEDIA STATEMENT: PROF RT NHLAPO OR PULENG MATSHELO-BUSAKWE (012) 322 6440