Reform of Customary Law of Succession and Regulation of Related Matters Act

6. Nothing in this Act is to be construed as amending any rule of customary law which regulates the disposal of the property which a traditional leader who has died held in his or her official capacity on behalf of a traditional community referred to in the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003). 5 10 15 20 25 30 35 40 8 Property rights in relation to certain customary marriages 7. (1) A marriage under the Marriage Act, 1961 (Act No. 25 of 1961), does not affect the proprietary rights of any spouse of a customary marriage or any issue thereof if the marriage under the Marriage Act, 1961, was entered into— (a) on or after 1 January 1929 (the date of commencement of sections 22 and 23 of the Black Administration Act, 1927 (Act No. 38 of 1927)), but before 2 December 1988 (the date of commencement of the Marriage and Matrimonial Property Law Amendment Act, 1988 (Act No. 3 of 1988)); and (b) during the subsistence of any customary marriage between the husband and any woman other than the spouse of the marriage under the Marriage Act, 1961 (Act No. 25 of 1961). (2) The widow of the marriage under the Marriage Act, 1961, referred to in subsection (1), and the issue thereof have no greater rights in respect of the estate of the deceased spouse than she or they would have had if the marriage under the Marriage Act, 1961, had been a customary marriage. 5 10 15 Amendment of laws

8. The laws mentioned in the Schedule are hereby amended to the extent indicated in the third column of that Schedule. Short title and commencement

9. This Act is called the Reform of Customary Law of Succession and Regulation of Related Matters Act, 2009, and comes into operation on a date fixed by the President by proclamation in the Gazette. 20 10 SCHEDULE (Amendment of laws) (Section 8) No. and year of law Short title Extent of amendment Act 66 of 1965 Administration of Estates Act, 1965

1. The amendment of section 4— (a) by the substitution in subsection (1) for the words preceding paragraph (a) of the fol- lowing words: ‘‘In respect of the estate of a deceased person [which is not governed by the principles of customary law], or of any portion thereof, jurisdiction shall lie—’’; and (b) by the deletion of subsection (1A).

2. The amendment of section 7 by the substitu- tion in subsection (1) for paragraph (a) of the following paragraph: ‘‘(a) the surviving spouse of such person or more than one surviving spouse jointly, or if there is no surviving spouse, his or her nearest relative or connection resid- ing in the district in which the death has taken place, shall within fourteen days thereafter give a notice of death sub- stantially in the prescribed form, or cause such a notice to be given to the Master; and’’.

3. The amendment of section 9 by the substitu- tion in subsection (1) for the words preceding paragraph (a) of the following words: ‘‘(1) If any person dies within the Republic or if any person ordinarily resident in the Re- public at the time of his or her death dies out- side the Republic leaving any property therein, the surviving spouse of such person or more than one surviving spouse jointly, or if there is no surviving spouse, his or her nearest relative or connection residing in the district in which such person was ordinarily resident at the time of his or her death, shall, within fourteen days after the death or within such further period as the Master may al- low—’’. 5 10 15 20 25 30 35 40 45 Act 81 of 1987 Intestate Succession Act, 1987

1. The amendment of section 1— (a) by the substitution for subsection (2) of the 50 following subsection: ‘‘(2) Notwithstanding the provisions of any law or the common or customary law, but subject to the provisions of this Act and [section 5(2) of the Children’s Status Act, 1987, illegitimacy] sections 40(3) and 297(1)(f) of the Children’s Act, 2005 (Act No. 38 of 2005), having been born out of wedlock shall not affect the capacity of one blood relation to inherit the intestate estate of another blood relation.’’; 55 60 No. and year of law Short title Extent of amendment 12 (b) by the substitution in subsection (4) for paragraph (b) of the following paragraph: ‘‘(b) ‘intestate estate’ includes any part of an estate which does not de- volve by virtue of a will [or in respect of which section 23 of the Black Administration Act, 1927 (Act No. 38 of 1927), does not apply];’’ and 5 (c) by the insertion in subsection (4), after para- 10 graph (e), of the following paragraph: ‘‘(eA) A person referred to in paragraph (a) of the definition of ‘descendant’ con- tained in section 1 of the Reform of Customary Law of Succession and Regulation of Related Matters Act, 2009, shall be deemed— (i) to be a descendant of the de- 15 ceased person referred to in that paragraph; 20 (ii) not to be a descendant of his or her natural parent or parents, except in the case of a natural parent who is also the parent who accepted that person in ac- cordance with customary law as his or her own child, as envis- aged in the said definition, or was, at the time when the child was accepted, married to the parent who so accepted the child; and’’; and (d) by the insertion after subsection (5) of the following subsection: 25 30 ‘‘(5A) If a person referred to in paragraph 35 (a) of the definition of ‘descendant’ con- tained in section 1 of the Reform of Cus- tomary Law of Succession and Regulation of Related Matters Act, 2009, is deemed to be a descendant of the deceased person re- ferred to in that paragraph, or is deemed not to be a descendant of his or her natural par- ent, the deceased person shall be deemed to be an ancestor of the person referred to in that paragraph, or shall be deemed not to be an ancestor of that person, as the case may be.’’ Act 27 of 1990 Maintenance of Sur- viving Spouses Act, 1990

1. The amendment of section 1 by the substitu- tion for the definition of ‘‘survivor’’ of the fol- lowing definition: ‘‘ ‘survivor’ means the surviving spouse in a marriage dissolved by death, and includes a spouse of a customary marriage which was dissolved by a civil marriage contracted by her husband in the customary marriage to another woman on or after 1 January 1929 (the date of commencement of sections 22 and 23 of the Black Administration Act, 1927 (Act No. 38 of 1927)), but before 2 Decem- ber 1988 (the date of commencement of the Marriage and Matrimonial Property Law Amendment Act, 1988 (Act No. 3 of 1988));’’. 40 45 50 55 60 65