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Botswana women allowed to inherit Botswana women allowed to inherit
(35 minutes later)
The Botswana High Court has overturned a customary law which prevented women from inheriting the family home.The Botswana High Court has overturned a customary law which prevented women from inheriting the family home.
The court said the law contravened the constitution, which guarantees equality for men and women. The judge ruled that the law contravened the constitution, which guarantees equality for men and women.
Edith Mmusi and her three sisters went to court after their nephew said he was the rightful owner of their house. Edith Mmusi and her sisters have fought a five-year legal battle after their nephew said he was the rightful owner of their house.
Correspondents say women were not allowed to inherit property in many African societies - in some countries such customs are now being outlawed. Correspondents say traditions which stop women from inheriting property exist in many African societies.
The BBC's Letloghile Lucas in the capital, Gaborone, says Judge Key Dingake's ruling brings customary law in the country in line with the constitution. 'Judicial midwife'
He said that in the name of fairness and equality women should have the right to inherit property. Judge Key Dingake said that in the name of fairness and equality women should have the right to inherit property.
Our reporter says Ms Mmusi, the only one of the sisters at the High Court in Gaborone, was very excited by the ruling. "It seems to me that the time has now arisen for the justices of this court to assume the role of the judicial midwife and assist in the birth of a new world struggling to be born," AFP news agency quotes him as saying.
"It's a great day for us," Ms Mmusi said. The BBC's Letloghile Lucas in the capital, Gaborone, says Ms Mmusi, the only one of the sisters at the High Court in Gaborone, was very excited by the ruling.
It ends a five-year legal battle she and her sisters have fought. "It's a great day for us," she said.
Our correspondent says they first contested their nephew's claim in a customary court in 2007.Our correspondent says they first contested their nephew's claim in a customary court in 2007.
They lost the case and a subsequent appeal before turning to the civil courts.They lost the case and a subsequent appeal before turning to the civil courts.