Rights of the girl child, status of the child

This case was about intestate succession, specifically customary law of intestate succession, of which the principle of male primogeniture is central. While this may not seem like a family law case, the decision rested on the discrimination suffered by female children and children born from extra marital relationships. Extra-marital children are often subject to stigmatisation and this is increased by the male primogeniture rule. The Court held that these children fall into a vulnerable group which the State is under a duty to protect. The male primogeniture rule unfairly discriminated against them in terms of gender and birth. This case changed the nature of customary law in South Africa and is seen as being a positive step towards equality between male and female children under customary law in South Africa.