Tshali and Another v Nandi and Others (5307/2022)
Tshali and Another v Nandi and Others (5307/2022) [2025] ZAECMHC 39 (20 May 2025)
The court found that the applicants failed to prove that they were customarily adopted children of the deceased in accordance with Xhosa customary law. The evidence showed no relinquishing of parental rights by the biological parents, no formal adoption ceremony, and no agreement between families as required by customary law. The deceased's acceptance and support of the applicants, while compassionate, did not meet the legal requirements for customary law adoption. The applicants' reliance on documentation and beneficiary status was insufficient, as the Act requires acceptance in accordance w…
Source excerpt
- Customary Law Adoption
- Intestate Succession
- Reform Of Customary Law Of Succession Act
- Heirship Dispute
- Liquidation And Distribution Account