Chapter 6:01 ADMINISTRATION OF ESTATES APPENDIX TEXT OF SECTION 68 OF THE ADMINISTRATION OF ESTATES ACT [CHAPTER 6:01] IMMEDIATELY BEFORE THE 1st NOVEMBER 1997 Section 3 of the Administration of Estates Amendment Act, 1997 (No. 6 of 1997) repealed section 68 of the principal Act and substituted therefor a new Part IIIA, containing sections 68 to 68K. Section 6 of the 1997 Act provides as follows as regards the application of the new provisions⎯ “6. The amendments to the principal Act effected by sections three and five shall not have effect in relation to the estate of any person who died before the date of commencement of this Act (10th October, 1997).” The text of the repealed section 68 of the principal Act, as it was immediately before the 10th October, 1997, is accordingly set out below, as being of continued relevance in relation to the estates of persons who died before the 10th October, 1997⎯ Estates of Africans Married by African Custom 68 When estate of African to be dealt with according to usage of his tribe (1) If any African who has contracted a marriage according to African law or custom or who, being unmarried, is the offspring of parents married according to African law or custom, dies intestate his estate shall be administered and distributed according to the customs and usages of the tribe or people to which he belonged. (2) If any controversies or questions arise among his relatives or reputed relatives regarding the distribution of the property left by him, such controversies or questions shall be determined in the speediest and least expensive manner consistent with real and substantial justice according to African usages and customs by the provincial magistrate or a senior magistrate of the province in which the deceased ordinarily resided at the time of his death, who shall call and summon the parties concerned before him and take and record evidence of such African usages and customs, which evidence he may supplement from his own knowledge. (3) Every decision of a magistrate under this section shall be subject to an appeal to the High Court at the instance of any person alleging an interest in the distribution of such property. (As amended by s. 10 of Act No. 9 of 1997 with effect from the 10th October, 1997) (4) The Magistrates Court Act [Chapter 7:10] and the High Court Act [Chapter 7:06] and any rules made thereunder shall apply, mutatis mutandis, to any appeal made in terms of subsection (3) as if it were an appeal against the judgment in a civil suit of a magistrate. (As amended by s. 10 of Act No. 9 of 1997 with effect from the 10th October, 1997) September 2000-09-27 67