Dingake nominated for gender justice award

OARABILE MOSIKARE
Staff Writer | Monday May 13, 2013 00:00

Justice Dingake who is also a member of African Network of Constitutional Lawyers (ANCL)'s recognition came as a result of his ruling last year that women also have the right to inherit as men.The particular law that was brought for review before the High Court emerged from the Ngwaketse tribe. It pronounced that the last born male child would inherit the family home of a deceased individual; any other property that was left for distribution would then be divided among all the children, without any regard for gender.

The decision that won Dingake such recognition came through his abolishing of traditional property law and ruling that women had the same right to inherit as men.In the case three sisters brought legal action against their nephew's right to inherit their family's home under customary inheritance laws.

In Botswana, the customary inheritance laws only favored male descendants. The customary law, which is a law where a certain legal practice is observed, and the actors - or the people, or group of people, who have established these special standards for their community- consider it to be law.

Justice Dingake ruled that the local customary laws, which gave priority and absolute rights to male inheritance, were in direct conflict with notions of equality and justice established and codified in the Constitution of Botswana. He awarded the home to the sisters.

According to Women's Link Worldwide, the Gender Justice Uncovered Awards were created to recognise the tremendous role judges and courts play in justice systems and people's daily lives the world over.