King N.O. and Others v De Jager and Others (CCT 315/18)
King N.O. and Others v De Jager and Others (CCT 315/18) [2021] ZACC 4; 2021 (5) BCLR 449 (CC); 2021 (4) SA 1 (CC) (19 February 2021)
The Constitutional Court held that clause 7 of the will, which excluded female descendants from inheriting fideicommissary property, constitutes unfair discrimination on the basis of gender and is contrary to public policy as infused by constitutional values. The Court found that freedom of testation, while protected, is not absolute and must yield to the foundational constitutional values of equality and non-sexism. The Promotion of Equality and Prevention of Unfair Discrimination Act specifically prohibits practices that prevent women from inheriting family property. The Court rejected the…
Source excerpt
- Promotion Of Equality And Prevention Of Unfair Discrimination Act
- Freedom Of Testation
- Gender Discrimination
- Public Policy In Testate Succession
- Fideicommissum
- Constitutional Supremacy