PVL2602 Assignment 1 Semester 2 2026 – Due 17 August 2026

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PVL2602 ASSIGNMENT 1 2026
DUE 17 AUGUST 2026

QUESTION 1
1.1 Advise Nomsa on whether Mandla’s claim is correct.

Mandla’s claim is incorrect.
The RCLSA does not apply: The Reform of Customary Law of Succession Act 11 of
2009 (RCLSA) came into operation on 20 September 2010. Since Xolani died on 14
May 2010, the RCLSA does not govern his estate

(Jamneck et al, Chapter 15 / Study Unit 15).
The Bhe case applies: For deaths between 27 April 1994 and 20 September 2010, the
estate is governed by the Intestate Succession Act as modified by the Constitutional
Court in Bhe v Magistrate, Khayelitsha

(Jamneck et al, Chapter 2 / Study Unit 2).
 Primogeniture is unconstitutional: The Bhe case declared the customary law rule of
male primogeniture unconstitutional. Mandla cannot rely on it.
 Nomsa’s rights: As the surviving spouse, Nomsa has full inheritance rights under the
Intestate Succession Act (Jamneck et al, Chapter 2 / Study Unit 2).