03/07/2025 Bertus Preller Constitutional Court customary law, Customary Law, Customary marriage dissolution, Customary Marriages, Desertion, Lobola negotiations, Marriage registration, Netshituka principle, Recognition of Customary Marriages Act, Recognition of Customary Marriages Act, Section 8 RCMA, Traditional marriage validity Alexkor case, candidate attorneys, civil marriage nullity, civil marriage void, Constitutional Court customary law, court decree divorce, customary law South Africa, customary marriage dissolution, customary union, desertion marital home, estate administration, estate distribution, family law attorneys, family law practitioners, inheritance rights, irretrievable breakdown, judicial oversight, law students, lobola negotiations, marriage registration requirements, Netshituka principle, polygamous marriages, Recognition of Customary Marriages Act, Section 8 RCMA, spousal consent, Supreme Court appeal, traditional marriage validity Desertion Does Not Dissolve: Eastern Cape High Court Clarifies Customary Marriage Dissolution Requirements in N.N and Others v B.N and Others (3932/2024) [2025] ZAECMHC 46 (5 June 2025). Factual Matrix: A Tale of Two Marriages and Competing Claims to the Deceased Estate This case presents a complex factual scenario involving competing matrimonial claims that unfolded over several decades.… READ MORE
29/06/2025 Bertus Preller Customary adoption, Inheritance rights, Intestate Succession, Master of the High Court, South African succession law 2009 succession law, adoption formalities, cultural legal norms, customary adoption, customary law adoption, customary legal obligations, Eastern Cape High Court, family inheritance law, indigenous legal systems, inheritance disputes, inheritance rights, intestate estate disputes, intestate heirs, intestate succession, legal definition of descendant, legal descendants, Maneli case, Master of the High Court, Maswanganyi case, Plascon-Evans rule, Reform of Customary Law Act, South African Family Law, South African succession law, succession and customary law, Tshali v Nandi, Ubuntu and law, Ubuntu in law, Xhosa customary law, ZAECMHC 39 When Ubuntu Is Not Enough: Customary Adoption and Succession Rights Examined in Tshali and Another v Nandi and Others (5307/2022) [2025] ZAECMHC 39 (20 May 2025). The Factual Matrix: Customary Bonds, Competing Heirs and a Contested Legacy The dispute in Tshali and Another v Nandi and Others (5307/2022) ZAECMHC 39 arose from a heartfelt claim by… READ MORE
29/07/2024 Bertus Preller Best Interests of the Child, Children, Infidelity, Maintenance, Parental Rights, Paternity Fraud biological father, Botha v Dreyer, Child's Best Interests, children's act, comparative law, DNA testing, Family Law, genetic testing, inheritance rights, legal presumptions, Legal Reforms, maintenance obligations, misattributed paternity, Nel v Jonker, Parental Rights, paternity disputes, paternity law, putative father, South Africa Navigating the Complexities of Paternity Law in South Africa: From DNA Testing to Misattributed Paternity. Introduction to Paternity Law in South Africa Paternity law in South Africa is a multifaceted domain that intersects with various legal, social, and ethical issues. The determination of paternity is… READ MORE