Customary Law Inheritance: Lessons Learnt from Ramantele v. Mmusi and others

This paper explores the lessons learnt from the landmark decision of Ramantele v Mmusi and Others in a bid to examine the interaction of Women, Poverty and Customary Law .In October 2012, the High Court of Botswana held that the Ngwaketse custom that dictates that the family home be reserved for the last born male heir, excluding all females was unconstitutional. This position was later confirmed by the Court of Appeal on the 3rd of September 2013 albeit through a different analysis, allaying fears that there would be retrogression in the matter. Had the courts found against Ms Mmusi, the judgement would not only have deprived her of a home but of a substantial financial investment that she had in the property that she had built with her personal finances. The paper will commence with an analysis of the arguments made for and against the use of Ngwaketse custom in both courts. It will thereafter argue that the Mmusi case revealed four important lessons that are critical, if we are to have a better understanding of balancing customary law with human rights. The lessons focus on evidence regarding the existence of customary law, whether a constitutional question always exits in regards to matters of customary law, the governance of customary law and the issue of culture and identity.