best interests of a childBotswana has a dual legal system, one based on customary law and the other on the received law. This appears clearly from the Constitution that ring-fenced cusNgema, Nqobizwe MveloSocial Science Electronic Publishing...
living lawland rightsgender and lawstrategic litigationIn Ramantele vs. Mmusi and others (2013), Botswana's Court of Appeal decided that the family home in Kanye, Botswana belonged to Edith Mmusi and her sisters instead of Mmusi's nephew, Molefi Ramantele. Through an analysis of the Mmusi ...
Revista Brasileira De PsiquiatriaSeng, Michael P. "In a Conflict Between Equal Rights for Women and Customary Law, the Botswana Court of Appeal Chooses Equality" (1993), 24 University of Toledo Law Review 563.Seng, MP 1992. `In a Conflict Between Equal Rights for Women and Customary Law, ...
Customary Law and Chieftaincy in Twenty-First Century Botswana. Journal of Contemporary African Studies, vol. 28, 2, pp.215-230.Morapedi, W.G. 2010. "Demise or resilience? Customary law and chieftaincy in twenty-first century Botswana." Journal of Contemporary African Studies, 28(2), 215-...
For centuries, children born out of wedlock have been subjected to many forms of discrimination under customary law in Botswana. One such example is succession, whereby a child born out of wedlock is prohibited from inheriting from or through its father. This discrimination had adverseimplications...
Legal anthropologists have been latecomers in the debate surrounding law and emotion, a movement responding to the notion that the law is 'imbued with emotion'. As in the US and Europe, in Botswana cases of public insults are emotionally charged, and this is particularly so in witchcraft ...
Although the country's customary courts continue to recognize adultery as an offense (known as "breaking the yard"), they too follow customary law as "living law"; that is, they are responsive to considerations of equity and quotidian practices that parallel wider ideologically critical movements...