Gender discrimination based on customary law is unconstitutional: that was the verdict of Gaborone’s High Court in October. The landmark ruling came as a result of a case brought by Edith Mmusi and her two sisters. They were challenging the fact that, as women, they have no right under Ngwatketse customary law to inherit their family home – despite having lived in it and spent money renovating it.
Judge Key Dingake made it clear that discrimination cannot be justified on cultural grounds. He also rejected the Attorney General’s argument that Botswana was ‘not ready’ for gender equality.
