Ramatlapeng v Jessie (C of A (CIV) No. 15 of 2016)

• Date: 01 January 2017
• DOI: 10.10520/EJC-bf5ace659
• Published date: 01 January 2017
• Record Number: lesotho_v25_n1_a7
• Author: M.E. Mosito
• Pages: 123-135

PRIVATE LAW

Mosito, M. E.⃰

RAMATLAPENG V JESSIE C OF A (CIV) NO. 15 OF 2016)

INTRODUCTION

One of the key principles of Roman law in the subject of succession

is universal succession (succession in universitatem).

1

The heir

inherits as the universal heir, meaning that he takes over the entire

estate of the deceased. Taking over the entire estate entails

inheriting the deceased’s assets as well as his liabilities. In the

words of Poulter, citing Bereng Griffith v ‘Mants’ebo Seeiso Griffith

2

...the inheritance is onerous rather than beneficial in the

sense that the heir’s obligation to satisfy the deceased’s

debts is not limited to the extent of the assets comprised in

the estate. He is bound to extinguish all these liabilities....

3

This puts the Roman law heres on a similar footing with the

customary law heir of Lesotho in that they both inherit assets and

also take full responsibility of the liabilities of the estate.

4

The

difference lies in the assets because succession under customary law

is not universal in that, not all assets of the deceased pass

automatically to the heir.

5

The position regarding the liabilities is,

⃰ Lecturer, Procedural and Adjectival Law (National University of Lesotho);

BA Humanities, LL.B (National University of Lesotho); LLM University of

Kent in Canterbury (UK).

1

De Waal, MJ and Schoeman-Malan MC. Law of Succession (4th ed) (Juta &

Co: 2008) at 132.

2

(No.2) H.C. 9/1946 (Unreported).

3

[Author] Family Law and Litigation in Basotho Society, (Oxford University

Press: 1976) at 254 – 255.

4

Duncan, P. Sotho Laws and Customs (Morija Museum & Archives: 2006) at

15.

5

Supra at 241.