Sicelo Edgar Mpanza N.O v Jabulile Lucy Mpanza and Others (28/2023) [2023] SZSC 59 (18/122023)

Authors

Phakama C. Shili, LLM Disability Rights, University of Pretoria
Simangele D. Mavundla, PhD Law UKZN, LLM, University of Pretoria

Publication Date

5-2024

Abstract

This case note provides a critical analysis of the landmark Eswatini Supreme Court case of Mpanza v Mpanza as it pertains to nullification of colonial legislative provisions that discriminate against individuals who were married under customary law during their lifetime by exempting their estates from the jurisdiction of the Master of the High Court. Section 68 of the Administration of Estates Act of 1902 regulates the administration of the estates of Africans who die having contracted a customary marriage and encompasses specific clauses that establish the exclusion of the estates from the jurisdiction of the Master of the High Court. This Case note begins by providing a background of the case and then gives a brief overview of the key facts of the case. It will highlight the legal issues the court was faced with; the rules adopted by the court in deciding the case and the application of the rules to the case and lastly offer a critical conclusion of the judgment.

Recommended Citation

Shili, Phakama C. and Mavundla, Simangele D. (2024) "Sicelo Edgar Mpanza N.O v Jabulile Lucy Mpanza and Others (28/2023) [2023] SZSC 59 (18/122023)," SAIPAR Case Review: Vol. 7: Iss. 1, Article 5.
Available at: https://scholarship.law.cornell.edu/scr/vol7/iss1/5