The Botswana High Court ruled today to overturn a law that prohibited
women from inheriting property, specifically the family home. The case in
question was that of Edith Musmi who, along with her sisters, had fought a
five-year battle to retain her home after the death of her father. Her nephew
had been fighting for legal rights to the property after he was under the
impression that his father was bequeathed the property from his half brother,
Musmi’s brother. The man cited a Ngwaketse customary law that allows for the
youngest born son to inherit the family home. This law would validate Ms. Musmi’s
brother giving the property to his half-brother, and in turn the claim that his
son was entitled to it after his father’s passing. The sister’s first fought
their nephew’s claim to the property in 2007, but their case was lost in court
and in a later appeal. They women finally decided to take their case to the
civil courts and were ultimately victorious.
The overturning of this law is such a positive step forward
for Botswana and will hopefully inspire similar movements throughout the
sub-continent. Judge Kay Dinake stressed the importance of gender equality and
the right of women to inherit property. He called the ruling the “judicial
midwife” and is quoted as saying to the AFP news, “It seems to me that the time
has now arisen for the justices of this court to assume the role of the
judicial midwife and assist in the birth of a new world struggling to be born.”
I absolutely love this idea of the “judicial midwife.” In order for social
progress to spread across Africa, each country has to make it’s own individual
progress, which should result in a ripple affect.
The way I see it there are two major victories won with the
overturning of this law. One is that the importance of equality and empowerment
of women is being recognized by the government. Women as a gender are so
neglected in Africa and it has been proven time and time again that when you
give women to tools to be successful in underdeveloped countries, they will use
them. The second important success here is the proper functioning of democracy.
For people to know that they can challenge a law and, through due process of
government, be given a fair trial and receive a fair outcome is monumental. As
we have learned in class, countries that adopt democratic regimes do not always
function as such. This is an important step towards promoting citizens’ trust
and faith in the government.
Source: http://www.bbc.com/news/world-africa-19924723
I completely agree with you. Women as a gender in Africa are so neglected when it comes to their natural rights and equality with men. This law being overturned is a big step in the right direction towards a more free country and more freedom and equality for women.
ReplyDeleteI love how you mentioned a potential ripple affect due to this ruling...I definitely agree in that I feel the gradual degendering of law in African states will truly enable greater mobilization of women, as a whole, on the continent.
ReplyDeleteI like what you said about women using tools when they are given them--I definitely agree and I hope that we start seeing more of these types of movements within the legal system to create change and progress in Africa.
ReplyDeleteI think it's important to note here that there are also many matrilineal societies scattered throughout Africa. I'm thinking specifically of the Asante in Ghana and the Tuareg people in northern Africa. While this issue is obviously an important in many regions, the continent as a whole is relatively diverse in regards to societal systems.
ReplyDeleteEva-
ReplyDeleteInteresting post that demonstrates that even if stable successful countries there are many political issues that remain among the populace.