This article aims to unravel the complex negotiations surrounding property settlements and custody in cases of divorce in customary courts in Botswana today in the light of an earlier legacy of penalising divorce initiators. It argues that women’s attempts to get their husbands to initiate divorce proceedings can entangle women in lengthy negotiations and ultimately frustrate the aim of achieving a divorce. Repeated court hearings can last for years, we show. At the same time, in Botswana’s statutory courts today, an equal division of property irrespective of the causes of marital breakdown has become established practice. In the article, we aim to show that customary laws regarding property settlement in divorce have indeed changed, gradually adjusting to notions of equity in women’s rights in marriage, in response to a wider ideological, critical movement, even though chiefs or headmen presiding over customary courts do not always explicitly acknowledge this change.
Customary Courts, Gender Activism and Legal Pluralism in Historical Perspective
Pnina Werbner and Richard Werbner
New Knowledge, Methodologies, and Practical Implications—A Panel Commentary
Khalid Koser, Pnina Werbner and Ien Ang
Khalid Koser: I will focus particularly on the notion of future research directions … from a refugee studies perspective. I think what today’s workshop has confirmed to me, yet again, is the strength of anthropology in this whole area of refugee studies. There is no doubt that anthropology is one of the leading disciplines in the study of refugees … Anthropology and law have got refugee studies wrapped up, while other disciplines have not really made enough of a contribution to this area.
Ien Ang, George Baca, Rohan Bastin, Jacob Copeman, Thomas Ernst, Jonathan Friedman, Kingsley Garbett, Diana Glazebrook, Greg Gow, Keith Hart, André Iteanu, Roger Just, Bruce Kapferer, Judith Kapferer, Khalid Koser, Neil Maclean, Jukka Siikala, Amy Stambach, Christopher C. Taylor, Pnina Werbner and Amanda Wise
Notes on Contributors