Tshali v Nandi and Others

The first and second applicants claimed that they were the descendants of the late Nompumelelo Veronica Tshali on the basis that the deceased had accepted and raised them as her own children. They alleged that this acceptance constituted customary law adoption as contemplated in the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009, thereby entitling them to inherit intestate from the deceased. The deceased’s siblings (first to sixth respondents) were reflected as heirs in the liquidation and distribution account of the estate. The applicants sought declaratory and ancillary relief to set aside the distribution and to have themselves recognised as intestate heirs. The sixth respondent, who is the biological father of the first applicant, denied that he had ever relinquished his parental rights or consented to a customary adoption. No evidence was presented of any customary adoption ceremony or agreement between families.

The application was dismissed. No order as to costs was made.

The judgment clarifies the interpretation of the definition of 'descendant' under the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009 and reaffirms that customary law adoption requires strict compliance with established customary formalities. It underscores that benevolent upbringing and acceptance alone are insufficient to confer intestate succession rights.