On Sep 3rd, the Court of Appeal in Botswana decided that the home of Edith Mmusi’s parents belonged to her and her sisters. In doing so, Botswana’s highest court struck a blow to rigid versions of customary law and breathed new meaning into the Botswana constitution’s provisions to prevent unfair discrimination. Edith Mmusi’s story 80-year …
Category: News
Permanent link to this article: https://www.customcontested.co.za/mmusi-ruling617/
Sep 18 2013
Historical evidence crucial for decisions about custom
The eve of Heritage Day presents an opportunity to reflect on how history and its making influence contemporary laws and debates about custom. Legal arguments about chieftainship and customary rights and entitlements often make reference to the past. What is the place of historical research in litigation? How do we construct an accurate view of …
Permanent link to this article: https://www.customcontested.co.za/historical-evidence-custom/
Sep 08 2013
New policies undermine security of tenure
A plethora of bills and policies has been released in recent times that hold negative implications for the security of tenure of people living in rural areas. These policies and bills cover issues ranging from traditional leadership to communal tenure to land restitution and redistribution.
Permanent link to this article: https://www.customcontested.co.za/new-policies-undermine-security-of-tenure/
Jun 20 2013
Botswana women’s inheritance case gets gender justice award but legal battle unresolved
Women’s Link Worldwide on Jun 18, 2013 gave a Bronze Gender Justice Uncovered Award to the High Court of Botswana for its decision in the case Mmusi v Ramantele in recognition of its significant contribution to promoting gender equality. However, the High Court’s decision was appealed, so the battle for women’s customary inheritance rights in Botswana has not …
Permanent link to this article: https://www.customcontested.co.za/botswana-womens-inheritance-case-gets-gender-justice-award-but-legal-battle-unresolved/
Jun 13 2013
Voices that matter: Law-making and the Bantustans, 100 years on
In the same chamber that the 1913 Natives Land Act was passed, Parliament marked its centenary with a workshop on “Redressing the legacy of the 1913 Land Act” on June 7-8. Present were parliamentarians, traditional leaders, civil society and rural delegates, all of who were invited to contribute their views on land reform. The make-up …
Permanent link to this article: https://www.customcontested.co.za/voices-that-matter-law-making-and-the-bantustans-100-years-on-2/
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