Bekker v Naude: The Supreme Court of Appeal settles the meaning of 'Drafted' in Section 2(3) of the Wills Act, but creates a potential constitutional problem
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2004
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The South African Law Journal
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Juta Law
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University of Cape Town
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Abstract
In Bekker v Naude en andere 2003 (5) SA 173 (SCA) the Supreme Court of Appeal ended the long-raging debate in our courts regarding the meaning of the word 'drafted' in s 2(3) of the Wills Act 7 of 1953. In this note I shall trace the events leading up to the court's decision and discuss certain constitutional issues raised by the judgment.
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Paleker, M. (2004). Bekker v Naude: the Supreme Court of Appeal settles the meaning of'drafted'in section 2 (3) of the Wills Act, but creates a potential constitutional problem: notes. South African Law Journal, 121(1), 27.