A High Court decision in Botswana has been hailed as a pivotal step for women throughout Africa. Judge Dingake struck down a customary law, preventing women from inheriting their family home, as incompatible with the principle of gender equality under the Constitution of Botswana. The Attorney General had acknowledged the discriminatory nature of the inheritance rules in place yet had argued that Botswana was not ready for gender equality. Judge Dingake dismissed this argument saying “this gross and unjustifiable discrimination cannot be justified on the basis of culture”.
Discriminatory customary practices are still commonplace in many African countries. In Nigeria, for example, customary law settles approximately 80% of land disputes, most often at the expense of women’s rights. Progress is however taking place and the protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa includes a right to inherit. This landmark judgment from Botswana may act as a stepping stone for non-discriminatory inheritance laws throughout the continent of Africa.