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 Periodical article |
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| Title: | Adultery and the Rights of Women under Botswana Customary Law |
| Author: | Lebotse, Kabelo K. |
| Year: | 2005 |
| Periodical: | Lesotho Law Journal: A Journal of Law and Development |
| Volume: | 15 |
| Issue: | 2 |
| Pages: | 115-128 |
| Language: | English |
| Geographic term: | Botswana |
| Subjects: | women's rights customary law marriage law conflict of laws extramarital sexuality Cultural Roles Law, Legal Issues, and Human Rights Status of Women |
| Abstract: | One factor which complicates the status of women in the contemporary Botswana legal system is the existence of a dual legal system of law, comprising customary law as well as Common law. These two systems sometimes conflict, particularly in issues relating to the rights of men and women. In many African countries, women, in theory, are given legal rights to participate fully in the affairs of the country. In practice, however, only lipservice is paid to these rights. This is especially true in respect to Tswana custom and practice, particularly in relation to customary marriage law. The Revisional judgment by the Commissioner of Customary Courts instructing customary courts not to entertain matters in which married women are suing others for damages for having adulterous relationships with their husbands brought custom into sharp conflict with both the received law and international standards regarding equality of men and women. This paper critically examines the Revisional judgment by the Commissioner of Customary Courts and juxtaposes it with the Constitution of Botswana. It pays attention to the jurisprudence on the subject of fundamental human rights as developed by Botswana's courts and mirrors the legal position regarding the treatment of women in Botswana against international standards. Ref. [ASC Leiden abstract] |