Act 11 of 2009, gives effect to the decisions of the Constitutional Court in Moseneke and Bhe (and other customary law of succession matters).
Amongst other things, it provides that:
- If a parent of a child who has been adopted according to customary law (and not through court) marries a new partner, the child has an automatic right to inherit from his or her step-parent.
- A husband who enters into a customary union with a third party (woman) for the purpose of having children with her for his first family, that woman has the right to inherit if the husband passes away.