oa News and Views for Magistrates - The dual system of succession

Volume 2004, Issue 09
  • ISSN :



Extracted from text ... NEWS & VIEWS FOR MAGISTRATES 4 South Africa has a dual legal system of succession in so far as it recognises and enforces at least two systems of personal law. The one is based on Roman- Dutch law, amended by statute under influence of inter alia English law; the other system comprises a number of closely related customary laws. Substantial differences mark these two systems. It is a standing practice in a dual legal system to allow for choice of law rules. Historically the application of common or customary law depended on a person's race, and more specifically the ..

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