This website uses cookies to ensure you have the best experience. Learn more

Ramifications Of The Edith Mmusi Case And The Law Of Succession In Botswana

2672 words - 11 pages

Case Introduction
This case concerned four elderly sisters all aged beyond 65 years, namely Edith Mmusi, Bakhani Moima, Jane Lekoko, and Mercy Ntsehkisang. The applicant sister’s main contention and disputation was that they were at liberty and entitled to inherit the family dwelling which had belonged to their late father. They supported this assertion with the argument that they had used their own funds to preserve and renovate the property, and had even taken care of their late mother in the same homestead prior to her death. Their claim was challenged by their half-brother’s son, Molefi Ramantele, who in turn argued that under Ngwaketse customary law, the family home was only inherited by the youngest son and thus he was entitled to inherit as his father’s heir. The case was initially heard by the Lower Customary Court which found in favour of Ramantele. The matter was appealed to the Higher Customary Court, which subsequently found that the homestead belonged to the sisters. It was then additionally appealed by Ramantele to the Customary Court of Appeal which ordered Mmusi to vacate the family home. The Customary Court of Appeal held that as under the customary law rule, the exclusion of women from heirship was in keeping with a deep-rooted cultural system dominated with partriarchy and as such the house belonged to Ramantele as the sole surviving male heir.
The applicant sisters then appealed the decision of the Customary Court of Appeal to the High Court. They maintained and expostulated that the said rule of customary law is unconstitutional in so far as it dishonoured the right to equal protection of the law or equality in terms of S.3 (a) of the Constitution of Botswana . The High Court examined Ms. Mmusi’s claim in the light of section 3(a) of Botswana’s Constitution, which “guarantees every person in Botswana fundamental rights and freedoms without distinction as to their race, place of origin, political opinions, colour, creed or sex. ” It carefully considered whether the customary inheritance rule was an infringement of the right to equality as envisaged in the statute and, if so, whether there was any legitimate reason and rationalization for this inequality. In doing so, the High Court had to investigate Botswana’s international and regional obligations as well as examples from other jurisdictions, such as Ghana, Tanzania, and South Africa that had dealt with similar issues of discriminatory customary laws in conflict with constitutional equality provisions .
The High Court held that the Ngwaketse custom of only transferring family homes to the youngest son was unconstitutional. The presiding Judge, Key Dingake, noted in his judgement of the need for a movement toward ending gender discrimination based on customary inheritance laws in Africa. Judge Dingake asserted that “The time has now arisen for the justices of this court to assume the role of the judicial midwives and assist in the birth of a new world struggling to...

Find Another Essay On Ramifications of the Edith Mmusi Case and the Law of Succession in Botswana

The Life and Works of Edith Wharton

680 words - 3 pages Harris 1 Born into a country nearly brand new, American famous writer, and poet Edith Wharton was born into a wealthy family in New York City, 1862. Although Edith was born into the wealthier class of New York, she could never endure the lifestyle. Edith’s writing started around the late 1890’s when she started to realize that the life that she was living was not for her. She married Edwards Robbins Wharton, a Boston banker whom she spent her

Principles of Sunni Law of Succession and Recent Reforms

1473 words - 6 pages "Principles of Sunni Law of Succession and Recent Reforms""There is a share for men and a share for women from what is left by parents and those nearest related, whether, the property be small or large - a legal share" Quran, Chapter 4 Verse 7.The Muslim Law of Inheritance consists mainly of the rules relating thereto as laid down in the Qur'an or prescribed by the Prophet in his teachings. A statement attributed to the prophet Mohamed says

The Potential Effects and Ramifications of Global Warming

1382 words - 6 pages For the first time in planet earth’s history, one of its inhabitants has acquired the power to change the global climate. By releasing the huge amounts of carbon stored in fossil fuels over millions of years, mankind has disrupted the natural carbon cycle. We have intensified the natural greenhouse effect and turned it into a planetary menace that is melting our ice caps. In his award-winning documentary, An Inconvenient Truth, Al Gore (2006

Economic Ramifications of the War on Drugs

1104 words - 5 pages For thousands of years, many drugs, such as marijuana, cocaine, and morphine were manufactured, marketed and consumed legally. It was not until the early 20th century that the notion that the United States could enforce a worldwide prohibition of drugs developed. For four decades, the drug war has become accountable for squandering hundreds of billions of tax dollars (some experts’ figures put estimates in the trillions), mismanaging government

The Social-Political Ramifications of Immigration

2429 words - 10 pages For many years, America has had a misconception of immigrants. Most Americans think them to be taking up space, money, and jobs, but that’s not the case. U.S. native-born citizens have a trace of immigration in their family history leaving them with no room to judge others because after all immigration is down the line somewhere and, “[a]ll Americans are immigrants” (Granquist). Americans have common misconceptions of a lot of things such as

Economic Ramifications of the War on Drugs

969 words - 4 pages For thousands of years, many drugs, such as marijuana, cocaine, and morphine were manufactured, marketed and consumed legally. It was not until the early 20th century that the notion that the United States could enforce a worldwide prohibition of drugs developed. For four decades, the drug war has become accountable for squandering hundreds of billions of tax dollars (some experts’ figures put estimates in the trillions), mismanaging government

The Social-Political Ramifications of Immigration

2061 words - 9 pages For many years, America has had a misconception of immigrants. Most Americans think them to be taking up space, money, and jobs, but that’s not it. U.S. born citizens have the wrong impression of immigrants, which technically has them judging themselves because all U.S. born citizens have a family background with at least one immigrant that came to the U.S., as stated in “Religious Issues in American Immigration,” “All Americans are immigrants

The Psychological Ramifications of Global Environmental Change

978 words - 4 pages were considered global due to the many nations involved but even those left some parts of the world untouched. One commonality exists among all global events; collective and individual fear (Weber and Stern, 2011). Shermer (2011) stated there is an attraction to the many doomsday scenarios including global environmental change and that there is indeed a logical human connection; it is in our psyche. We are apparently drawn more to disaster and

The Ramifications of Government Reform on Education

1774 words - 7 pages America currently ranks 36th in the world in regards to education. This encompasses reading, math, and science. Education in the United States represents multiple achievement gaps across ethnicities, income levels, and geography. There are many reasons as to why America ranks low. The curriculum in the United States varies widely from district to district and stretches from state to state, which is one of the major problems in why America

The Case of Procedural and Substantive Law

2226 words - 9 pages 1. Define the terms takings as it relates to the environmental law and provide one example of a legally resolved taking case. Answer: Taking is a general term of an act of taking something. In an environmental point of view, the taking is ta process that involves taking something of an environmental assets, such as land, from an individual or organization. However, most cases, it involves government taking private property from owners when that

Subjectivity in Edith Wharton's The House of Mirth

1869 words - 7 pages Subjectivity in Edith Wharton's The House of Mirth      Edith Wharton's The House of Mirth presents an interesting study of the social construction of subjectivity. The Victorian society which Wharton's characters inhabit is defined by a rigid structure of morals and manners in which one's identity is determined by apparent conformity with or transgression of social norms. What is conspicuous about this brand of social identification

Similar Essays

Impacts And Ramifications Of Stress In The Workplace

1887 words - 8 pages , Miller & Colella, 2011). Work overload occurs when either the workload is too heavy or too complex. Work overload can be working an excessive amount of hours or doing work that is very unpredictable. Paramedics are an excellent example of this as employees often work for twenty-four hours straight, are on call in case of emergencies, and often are the first to arrive to some horrific scenes of human trauma. Health problems that can arise from

The Ramifications Of Teenage Sex Essay

1428 words - 6 pages , more of the expenses they incur are paid by others in society. One recentstudy suggested that the medical expenses paid by society would be reduceddramatically if teenage mothers were to wait until they were older to have their firstchild.In conclusion, the ramifications of a teenage pregnancy are great and many.Very few are left untouched by the situation. The teen mother, the teen father,mothers and fathers of those teens, teachers, friends

The Ramifications Of Genetic Modification Essay

806 words - 4 pages Food production has changed dramatically to meet the growing demand for food for the world’s rapidly increasing population. Advances in biotechnology have allowed the food industry to lower production expenses and increase profit margins by creating superior food products by way of genetic engineering. There are many dangers and risks associated with genetically modified organisms (GMOs) such as significant changes in DNA of both the genetically

The Importance Of Succession Planning Essay

1172 words - 5 pages Today companies exist in a modern and global age, a dynamic and continually evolving environment where businesses need to plan ahead. One growing human resource issue of senior management is succession planning. An on-going process largely concerned with the identification, assessment and development of tomorrow's leaders (Kim, 2003, p.1), its focus is on the future performance of the firm. Its usefulness as a key strategic planning tool has