Abstract

http://ssrn.com/abstract=1278056
 
 

Footnotes (167)



 


 



Inheritance and Disinheritance: African Customary Law and Constitutional Rights


Nelson Tebbe


Brooklyn Law School

October 3, 2008

Journal of Religion, Vol. 88, p. 466, 2008
Brooklyn Law School, Legal Studies Paper No. 120

Abstract:     
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.

Number of Pages in PDF File: 32

Keywords: South Africa, African customary law, gender equality

Accepted Paper Series


Download This Paper

Date posted: October 6, 2008  

Suggested Citation

Tebbe, Nelson, Inheritance and Disinheritance: African Customary Law and Constitutional Rights (October 3, 2008). Journal of Religion, Vol. 88, p. 466, 2008; Brooklyn Law School, Legal Studies Paper No. 120. Available at SSRN: http://ssrn.com/abstract=1278056

Contact Information

Nelson Tebbe (Contact Author)
Brooklyn Law School ( email )
250 Joralemon Street
Brooklyn, NY 11201
United States
718.780.7960 (Phone)

Feedback to SSRN


Paper statistics
Abstract Views: 1,323
Downloads: 210
Download Rank: 82,607
Footnotes:  167

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.344 seconds