The Persistence of Property Grabbing in the South African Customary Law of Succession

This article critically examines the persistence of property grabbing under South Africa’s customary law of succession, despite landmark legal reforms such as the judgment in Bhe v Magistrate, Khayelitsha; Shibi v Sithole 2005 (1) SA 580 ( CC ) and the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009. Drawing on desktop research and empirical findings, the article explores key risk factors, including gender, the nature of the estate, the type of marriage, and the urban-rural divide, that exacerbate the vulnerability to property grabbing. The analysis reveals that legislative reforms alone are insufficient to secure inheritance rights, and calls for a holistic approach that includes strengthening matrimonial property rights, promoting legal literacy, community education, and enhancing oversight of estate administration. The findings underscore the limitations of current reforms in addressing systemic inequities and offer critical insights into the socio-legal challenges of balancing statutory and customary practices.