The Law of Succession, being a set of legal rules, aims at foreseeing the control and transfer of “assets of [a] deceased which are subject to distribution among beneficiaries, or those assets which are subject to distribution among beneficiaries, or those assets of another over which the deceased had the power of disposal ” prior to their death. Therefore, under the Laws of Succession in Botswana, the Customary Law Act has provisions regarding the distribution of property where a deceased who having died without a will thus being intestate may be governed.
The Act under Section 7 states that “customary law shall be applicable in determining the intestate heirs of a tribesman and the nature and extent of their inheritances” . This paper aims at discussing the judgments of both the High Court and the Court of Appeal on the Edith Mmusi case with regards to the Law of Succession in Botswana and the ramifications thereof.
Case Background:
Mmusi and Others v Ramantele and Another
The late Silabo Ramantele had a yard in Kanye which he occupied with his wife Thwesane Ramantele. The two had two sons namely Basele and Banki Ramantele and five daughters Edith Mosadigape Mmusi (first applicant), Bakhani Moima, Jane Lekoko and Mercy Kedidimetse Ntshekisang together in matrimony. Upon the death of Silabo Ramantele, the family home was left with his wife, of which their daughters subsequently lived in and developed as the care takers of their mother who are the applicants in the matter.
Their late father had had a son from a previous relationship with another woman namely Segomotso Ramantele who is the father to the 1st respondent, Molefi Ramantele. It is averred that the youngest son (Banki) entered into an agreement with his half brother...
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...hich are enshrined in the constitution and thus may challenge any laws they deem highly discriminatory towards them in the courts of law. Henceforth the decision of the Court of Appeal in the Mmusi case made a significance in the development of the Ngwaketse Customary Law and the citizens of Botswana regardless of their tribal affiliation with regards to womens rights to inheritance under Tswana Customary Law.
Conclusion
It is from my findings that I am opined that the Edith Mmusi case allowing for an evolution of an already dynamic Customary Law should be taken as a lesson by all tribesman to avoid and foresee future disputes to do with inheritance under intestate succession and should therefore ensure they die testate as is also customarily that “lentswe la moswi ga le tlolwe” meaning that the family ought to respect the wishes of the dead as is similar to a will.
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on the Rights of Indigenous Peoples.”Wisconsin International Law Journal. Vol. 7 No. 1. Retrieved Nov 28th 2013 from http://works.bepress.com
Shah, Anup. "Rights of Indigenous People." Global Issues. N.p., 16 Oct. 2010. Web. 3 May 2014. .
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GWEBU v Minister of Correctional Services and Others , (1) SACR 191 (GNP 2014 ).
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