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Customary Law Inheritance: Lessons Learnt from Ramantele v. Mmusi and others

Customary Law Inheritance: Lessons Learnt from Ramantele v. Mmusi and others I. INTRODUCTION Poverty, narrowly defined is the lack of physical, human and social capital to meet basic needs.1 In Botswana, few women own land, which is a strong indicator of physical capital, and those who are owners only have secondary rights.2 This is despite recent land reforms3 and improved women's land rights.4 As in many other countries, women face the burden of poverty and the proportion of female headed households living in poverty is higher than that of male headed households.5 Predominantly a rural country with only 22 per cent of its population residing in urban areas, among other problems women in Botswana have a lower employment rate to population and less income than men do.6 Hence women face an uphill battle in articulating their claims to equality and in ensuring that these claims are legally enforceable. Jurisprudence in Botswana regarding equality and women's rights has for many years been dominated by the well-known case of Attorney General of Botswana Researcher at the Democratic Governance and Rights Unit, University of Cape Town and admitted attorney of the High Court of South Africa; LLB Rhodes University (Cum Laude), LLM in Human Rights (Cum Laude) from the London School of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Customary Law Inheritance: Lessons Learnt from Ramantele v. Mmusi and others

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2016
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2016.0174
Publisher site
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Abstract

I. INTRODUCTION Poverty, narrowly defined is the lack of physical, human and social capital to meet basic needs.1 In Botswana, few women own land, which is a strong indicator of physical capital, and those who are owners only have secondary rights.2 This is despite recent land reforms3 and improved women's land rights.4 As in many other countries, women face the burden of poverty and the proportion of female headed households living in poverty is higher than that of male headed households.5 Predominantly a rural country with only 22 per cent of its population residing in urban areas, among other problems women in Botswana have a lower employment rate to population and less income than men do.6 Hence women face an uphill battle in articulating their claims to equality and in ensuring that these claims are legally enforceable. Jurisprudence in Botswana regarding equality and women's rights has for many years been dominated by the well-known case of Attorney General of Botswana Researcher at the Democratic Governance and Rights Unit, University of Cape Town and admitted attorney of the High Court of South Africa; LLB Rhodes University (Cum Laude), LLM in Human Rights (Cum Laude) from the London School of

Journal

African Journal of International and Comparative Law – Edinburgh University Press

Published: Nov 1, 2016

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