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he following statement(s) is/are correct in respect of the Constitutional Court's judgment in King v De Jager 2021 (4) SA 1 (CC) regarding the disinheritance
he following statement(s) is/are correct in respect of the Constitutional Court's judgment in King v De Jager 2021 (4) SA 1 (CC) regarding the disinheritance of co- testators' female descendants under a testamentary fideicommissum : (a) the first judgment (written by Mhlantla J) sought to develop the common law by including unfairly discriminatory disinheritances in private bequests under the rule that a testamentary provision that conflicts with public policy is unenforceable; (b) the second judgment (written by Jafta J) rejected the public/private divide that demands greater leniency from a court when testing a private testamentary bequest (as opposed to a charitable - or public - bequest) against public law norms such as equality and non-discrimination; (c) the third judgment (written by Victor AJ) assumed a libertarian stance towards freedom of testation and rejected the notion of reconfiguring this freedom to align with values such as equality and Ubuntu ; (d) (a) and (b); (e) (b) and (c)
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