Who ‘owns’ the traditional family home in SA? Court sets precedent, but the law remains murky

ANTHONY DIALAA recent ruling by the Johannesburg High Court in South Africa has put the definition and control of the “family house” under African customary law under the spotlight. The ruling touches on sensitive issues of cultural heritage, statutory laws of property, and South Africa’s history of racial discrimination.It highlights the tension between customary norms, which underlie the idea of a communal family house, and the common law, which restricts ownership to the individual whose name appears in a title deed. The notion of a family house is not provided for in South…