A critical evaluation of the below extract taking into account the context of the development of African customary law in which they were uttered and the effect to which it was addressed.

" the primary purpose of the rule is to preserve the family unit and ensure that upon the death of the family head, someone takes over the responsibilities of the familyhead" from the minority judgment of Ngcobo J in Bhe V Magistrate Khayelisha BCLR (1) (CC)