Browsing: customary law

The High Court ordered that a deceased man be buried in Cape Town, backing the wishes of his children and rejecting efforts by relatives to take his body to Zimbabwe.

The Constitutional Court will decide whether KwaZulu Natal legislation allowing provincial authorities to remove an Inkosi without decisive involvement of the umndeni wenkosi unlawfully undermines the constitutional protection of customary law and traditional leadership.

The Limpopo High Court has dismissed an application for posthumous recognition of a customary marriage, reiterating that lobola payment alone, without proof of customary rites, does not establish a valid marriage.

The Department of Justice has released draft Traditional Courts Regulations and a Code of Conduct to modernise customary courts, enhance accountability, and protect vulnerable communities. Public comments are open until 13 February 2026.

The Supreme Court affirmed King Misuzulu’s claim to the Zulu throne, ending the succession battle and upholding customary law.

The Supreme Court of Appeal has ruled against the North West Premier in the Bakgatla chieftainship dispute, affirming the Royal Family’s right to nominate a leader and protecting communities from political interference.

Barred from their childhood home after their father’s death, three siblings fought back and won. The North West High Court has affirmed their right to return, in a ruling that respects both African tradition and constitutional justice.

The Supreme Court of Appeal has remitted the Bapedi kingship dispute to the Limpopo High Court, calling for expert evidence to clarify customary succession after the king died without an heir.

A widow in North West has lost her urgent court bid to claim sole ownership of a family liquor business operating on tribal land. The High Court ruled that ownership and control must respect customary law and the authority of the Tribal Authority, highlighting the complexities of inheritance disputes in communal land settings.