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 ...
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• The Weekend Post (online source) dated 15/09/2013 “Dikgosi argue for their rights” (www.theweekendpost.co.bw)
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