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Constitutional Court outlaws bigotry from beyond the grave
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The Constitutional Court last week overturned a clause in a will written 119 years ago, which specified that only male descendants could inherit the family’s farms and properties.
At the heart of the matter was the issue of freedom of testation in private wills, balanced against the provisions of the Promotion of Equality and Prevention of Unfair Discrimination Act (the Equality Act) and the Constitution.
The application was launched by five sisters – Trudene Forword, Annelie Jordaan, Elna Slabber, Kalene Roux and Surina Serfontein – who claimed unfair discrimination after being disinherited because their great-grandparents, Karel and Catherine De Jager, in their will drafted in 1902 had specified that only “male heirs” could inherit the farms in Oudtshoorn.