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...
... middle of paper ...
...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.
The two forms of traditional Aboriginal law were ‘sacred’ and ‘secular’ laws. Sacred laws were entrusted to the elders, teaching Aboriginal customs, acceptable behaviour, and adequate use of the land. Secular laws focused on the responsibilities of individuals. There were also ‘secret’ laws and different people...
In John Barker’s Ancestral Lines, the author analyzes the Maisin people and their culture centered around customs passed from previous generations, as well as global issues that impact their way of living. As a result of Barker’s research, readers are able to understand how third world people can exist in an rapid increasing integrated system of globalization and relate it not only to their own society, but others like the Maisin; how a small group of indigenous people, who are accustomed to a modest regimen of labor, social exceptions, and traditions, can stand up to a hegemonic power and the changes that the world brings. During his time with these people the author was able to document many culture practices, while utilizing a variety of
The High Court did, however, conclude in that case (a conclusion confirmed in WA v Commonwealth, Wororra Peoples v WA and Teddy Biljabu and others v WA, High Court, March 16 1995) that some Aboriginal land law (that which attracted the status of 'native title') survived the colonisation process. What is far less certain is the fate of Aboriginal customary laws that were not concerned with title to land. Did traditional laws on subjects such as family relationships, title to goods, community justice mechanisms, inheritance and criminal law survive c...
“The Inheritance of My Father: A Story for Listening” comments on the issues of family ties, identity and belonging in relation to hybridization. Roemer’s purpose involves the highlighting of the relationship between finding one’s identity and finding one’s voice. He achieves this by allowing the readers to embark on a journey of self-discovery with the child narrator Bonkoro, who changes from a docile, almost voiceless “child” before the summer vacation to a renewed, confident and articulate “adult” at the end of her vacation. This short story is a unified and coherent production since several aspects of Roemer’s craft testify to the intimate interrelation of finding one’s identity and one’s voice. Roemer emphasizes the theme of self-discovery
Our Indian legislation generally rests on the principle, that the aborigines are to be kept in a condition of tutelage and treated as wards or children of the State. …the true interests of the aborigines and of the State alike require...
The majority decision in the High Court case of Mabo in 1992 found that indigenous relationships to land could be recognised through common law. This was then codified in the Native Title Act in 1993. The Native Title Act adopted much of the same language used in the High Court decision. For example, it defined native title as “rights and interests possessed under the traditional laws acknowledged and the traditional laws observed by the aboriginal peoples”. The result of Mabo and the
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. .
In Ashanti tribe, family and the mother’s side are most important to this particular group. This tribe believe that child often inherit their father’s soul while flesh and blood is received from the mother. “Instrument such as talking drums are used for learning the Ashanti language and spreading news and used in ceremonies. This instrument is very important to the Ashanti and there are very important rituals involved in them”. (Vollbrecht, Judith A., 1979).
The funeral ceremonies and burials of the Igbo people are extremely complex, the most elaborate of all being the funeral of a chief. However, there are several kinds of deaths that are considered shameful, and in these circumstances no burial is provided at all. Women who die in labour, children who die before they have no teeth, those who commit suicide and those who die in the sacred month – for these people their funeral ceremony consists of being thrown into a bush.
"Fundamental Principles of Tribal Sovereignty." Americanindianpolicycenter.org. American Indian Policy Center, 1 Nov. 2005. Web. 29 Mar. 2014. .
Every culture has several similarities and differences that impact the way they do things. Several of these cultures have distinct traits and traditions that make them differently from other cultures. I believe these differences make each culture different and unique. The two cultures that I have chosen to compare and contrast with each other is Kenya and India. In this paper I will discuss the similarities and differences in each of the culture’s families in context, marital relationships, and families and aging. These are important aspects of these cultures and to examine them will give me a better knowledge of both of these cultures.
GWEBU v Minister of Correctional Services and Others , (1) SACR 191 (GNP 2014 ).
Quality health care is precipitously deteriorating amongst the nation’s health care industry. The health industry trends of high turn over rates amongst staff and important key employees are creating a rift in profit margins, decreasing patient quality care, triggering higher expenses and loss of patients (Hunt, 2009). In the “Best Practices in Health Leadership Talent Management and Succession Planning” case studies, presented by the National Center for
In Mariama Bâ’s book, “So Long a Letter”, the readers experience these injustices first hand through the main characters. Years after their marriages fall apart through polygamy and feelings of betrayal, when Modou experiences an unexpected heart attack and is unable to be saved, Ramatoulaye decides to write letters to Aissatou who is now in the United States with her four sons. In these letters, she talks about their memories together before they were separated from one another as well as providing Aissatou with news about her current life. She first writes about Modou’s death and the forty-day funeral of her late husband, but soon moves on to their lives as married women. Keeping the main idea of the story in mind, Bâ has her talk about their marriage, starting with Aissatou.