EQUITY, WOMEN AND CUSTOMARY LAW
According to an article
in The Maravi Post, on 3rd September 2013, the Court of Appeal of Gaborone, Bostwana, in the case
of Ramantele
vs Mmusi & Ors., on the issue of whether daughters can inherit
family property under customary law, held unanimously in favour of four sisters
rejecting a long history of inheritance matters that favoured only males. Under
the Ngwaketse customary law only males had the right of inheritance.
The rationale for the judgment was in accordance
with the principles of justice, equity, and good conscience.
Justice Isaac Lesetedi, the lead judge, wrote in the
court's decision:
"Constitutional values of equality
before the law, and the increased leveling of the power structures with more
and more women heading households and participating with men as equals in the public
sphere and increasingly in the private sphere, demonstrate that there is no
rational and justifiable basis for sticking to the narrow norms of days gone by
when such norms go against current value systems."