n South African Law Journal - The Constitution and Customary Law : notes
|Article Title||The Constitution and Customary Law : notes|
|© Publisher:||Juta Law Publishing|
|Journal||South African Law Journal|
|Publication Date||Jan 2009|
|Pages||39 - 50|
The facts recorded in paragraph 3 in the report on Shilubana & others v Nwamitwa 2009 (2) SA 66 (CC) (Shilubana (CC)) were as follows. The late Hosi (Chief) Fofoza, who died on 24 February 1968, left no male descendant. He was, however, survived by two daughters, the elder being Ms Shilubana, the first applicant. The rule of male primogeniture being in force at the time, his younger brother Richard succeeded to the position in question. Richard died on 1 October 2001. A dispute then arose between Richard's son, Mr Nwamitwa, and Ms Shilubana as to who should succeed to the vacant position.
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