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GAZETTE
SEP
T
EM
BER 1983
that short space of time a relatively large number of the
Judges of the High Court have had to consider the
application of Section 117, usually the younger and most
recently appointed members of the Bench. The variety of
Judges has produced a certain lack of consistency in the
extent of the Court's interpretation of the section with the
apparently liberal approach of earlier judgments being
curtailed in subsequent cases. Nonetheless the importance
of Section 117 has not diminished and much more use
will be made of it in the future as awareness grows of its
applications and as the reality of family relationships
deviates increasingly from the legal norms.
There has been no Supreme Court decision to date on
Section 117. It is inevitable that there will be one in the
next couple of years and that it will set the parameters to
the interpretation of the Section. As it stands the Section
has only limited use in providing justly for a Testator's
children, but this can only be cured by the Legislators.
Law Reformers seeking to reform the area of Divorce and
Illegitimacy and the succession rights of illegitimate
children could achieve much by having Section 117
amended. •
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