Limitations on the right to freedom of testation

Abstract

n the previous article, I discussed two case studies involving discriminatory testamentary provisions. We now move on to the third example; the matter of Curators, Emma Smith Educational Fund v University of KwaZulu-Natal 2010 (6) SA 518 (SCA) (Emma Smith Educational Fund). The judgment was handed down by the Supreme Court of Appeal (SCA). It dealt with discriminatory testamentary provisions in a public charitable trust. Eligibility for the bursary was limited to European girls who were born of British South African or Dutch South African parents. It was further required that they must have been resident in Durban for a period of at least three years immediately preceding the grant.