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This article pays close attention to some of the problems and practical presented by the abolition of the rule of male primogeniture thereafter, the extension of the Intestate Succession Act to customary of succession. Additionally, it supports the possibility of harmonising law of succession with customary law of succession without common law mechanisms and ideas on customary law. The of this article is to suggest ways on how best to reconcile law with the Constitution without imposing western law on law. This will be achieved by showing the reader the viability possibility of customary law and common law co-existing, from one another, subject to the Constitution as the law, without the application of common law standards as a for customary law, which was the case in the past.
Maunatlala et al. (Wed,) studied this question.