Abstract
This paper explores the extent to which recent social, economic, demographic and environmental changes in Botswana have enabled women to inherit land, housing and other household assets. Using qualitative data from a study undertaken in the peri-urban village of Tlokweng, the paper notes that, unlike in the past when women were largely excluded from property inheritance, the majority of parents who participated in the study on which this paper is based are now more inclined and willing to share their estate equally among all their children or to favour daughters over sons in deciding who should inherit residential properties. The changes, which are heavily contested by older women, young men and teenage boys, appear to have been due primarily to increased numbers of female heads of households and the role played by unmarried daughters in developing the family estate and caring for the aging parents.
1. INTRODUCTION
A recent report by a women's movement in Botswana estimates that one out of every three cases reported to customary courts in Botswana is about property-grabbing following parents' deaths (Emang Basadi Women's Association, Citation2002). Otlhogile Citation(1992) and Molokomme et al. Citation(1998) attribute property-grabbing and other property inheritance conflicts to three factors: changes in the constitution of the family estate, variations in the interpretation of customary law, and legal pluralism. Customary law, according to Otlhogile Citation(1992), tends to treat any property not traditionally known to it as a separate estate for the purpose of inheritance. Further complications arise from varying and contradictory interpretations of the meaning of customary law. Molokomme et al. Citation(1998) contend that the term ‘customary’ is often used and interpreted variously to refer to either (i) ‘rules’ as defined and enforced by the chiefs during the pre-colonial and colonial eras, or (ii) ‘unwritten laws’ as recently interpreted by customary courts, or (iii) ‘norms and practices’ as currently accepted by people in their everyday lives. Worse still, Botswana (like most countries in Africa) is characterised by the co-existence and parallel application of customary law, common law and statute law, each of which provides variant procedures, rights and entitlements. However, it appears that although some of the conflicts end up in courts, a lot more are resolved amicably within the affected families, which suggests that customary laws may have been redefined to address the inheritance of kinds of properties not originally covered by these laws. Since they are in their formative stages, the redefined customary laws may be opposed and contested in some quarters – hence the grabbing of properties belonging to relatives who die intestate.
This paper argues that conflicts related to inheritance are partly due to new practices that allow daughters – and women in general – to inherit or claim shares in estates left behind by their parents, which is contrary to traditional norms and practices,Footnote1 rather than just to the emergence of new forms of properties. It further argues that parents are increasingly inclined to favour daughters over sons, partly as an appreciation of current financial and material investments made by daughters (notably unmarried ones) in the accumulation of family wealth and house construction.
The present paper has five parts: this introduction, the conceptual framework, women's exclusion from property inheritance, emerging egalitarian inheritance rights, and the conclusion.
2. CONCEPTUAL FRAMEWORK
This paper views customary inheritance norms and practices as dynamic social constructs embedded in gender and generational contracts, roles and expectations that are themselves subject to re-negotiation and re-definition over time and space. The multilayered gender and generational contracts are defined and negotiated on the basis of parents' and siblings' responsibilities and what is expected of them within spaces shaped by wider societal values, norms and legal frameworks. Of these, property ownership is the most critical, followed by post-nuptial residence, family welfare considerations, and state laws.
Writing about the general evolution of succession processes in Eastern Europe, Kaser (Citation2002:386) argues that, in the past, inheritance laws in most parts of the world tended to favour men over women. He attributes this to the dominance of peasant agriculture, which involved readying land for housing and agriculture by slashing and burning forested areas – an arduous and dangerous activity tied to carrying weapons, hunting, and fighting off animal and human thieves. Thus peasant agriculture represented male labour and identity. Kaser further argues that men's ownership and control of land for housing and agriculture were outcomes of historical processes triggered by the need for organised actions and cooperation between men in a village, which finally resulted in the definition of village and tribal boundaries and, most importantly, land for housing, pastures and fields within these territories being viewed as communal property. A study commissioned by the Government of Tanzania concluded that customary laws seeking to protect clan land from alienation to outsiders formed the basis for discrimination against women as daughters, wives, divorcees and widows in inheritance matters (Tsikata, Citation2003:160). Land allocated to each household was also administered and controlled by men as heads of households. In this way, agnatic ties in the generational transfer of property, supported by tribal and patrilineal organisations, became prominent (Kaser, Citation2002:387).
In contrast to peasant agriculture, market economies enable women and men, regardless of their marital status, to acquire and own land, housing and other properties independently. As observed by Deere and Leon Citation(2003) and Zhang Citation(2003) – with regard to Latin America and China, respectively – urbanisation, multiple-income generating activities and declining dependence on land tend to enhance women's independent ownership and control of market resources and properties. Women's increased independent ownership of such assets challenges traditional gender and generational contracts that excluded women from property inheritance. Consequently, market economies tend to create opportunities for parallel or bilateral inheritance practices. ‘In parallel inheritance systems sons inherit through the male, and daughters through the female line [while] bilateral inheritance is characterised by children of both sexes inheriting from both parents’ (Deere & Leon, Citation2003:930).
Whether inheritance is matrilineal or patrilineal depends largely on where a couple lives after getting married. In patrilineal societies, marriages are often virilocal: in other words, the wife ‘goes to live in her husband's father's community’ (Lastarria-Cornhiel, Citation1997:1322). In a virilocal marriage, a daughter is excluded from landed property inheritance in her natal home because she is expected to inherit the property of her parents-in-law through her husband (Zhang, Citation2003:270; see also Lastarria-Cornhiel, Citation1997; Deere & Leon, Citation2003). A son, on the other hand, stays with his parents, cares for them and develops a duty-beneficiary claim to his parents' estate.
In matrilineal societies, marriages and post-nuptial residences are uxorilocal: upon marriage, the husband goes to live in his wife's home and among her kin (Lastarria-Cornhiel, Citation1997:1323; Ngirwa, Citation2002; Zhang, Citation2003:260). Resources for the new couple are provided by the wife's family and community. Consequently, intergenerational wealth transfers are traced through the mother's line, from uncles to nephews. Upon the death of his wife, the widower returns to his natal home. In Malawi, uxorilocal residential requirements are waived in respect of chiefs. When a chief marries, the wife adopts his home so he can stay close to the clan, and when he dies his widow and children return to her village (Ngirwa, Citation2002:8).
Zhang Citation(2003) observes that, because of urbanisation, many couples in China are opting for ‘neo-locality’ that is neither patrilocal nor matrilocal, and Deere and Leon Citation(2003) note that in Latin America neo-locality practices tend to favour whichever child (son or daughter) remains at home and is willing to farm and take care of the parents.
Inheritance rules have also often been shaped by welfare considerations. In both patrilineal and matrilineal societies the devolution of wealth has traditionally tended to inhibit transfer of property to non-community members. To avoid fragmentation of the deceased person's estate, peasant communities preferred to leave the estate intact to one child (Kaser, Citation2002; Deere & Leon, Citation2003; Green & Owens, Citation2004; Mapetla & Sakoane-Songca, Citation2005). Both gender and generational contracts require the single heir to take care of aging parents, provide for the needs of the widow and young siblings, and properly maintain the estate in anticipation of the inheritance (Deere & Leon, Citation2003). However, urbanisation and the evolution of divisible properties have tended to promote egalitarian and inclusive practices.
In many countries, legal and land reforms have had profound effects on customary inheritance norms and practices. For example, land reforms introduced by the Chinese Government under its population-control programmes have reportedly led to a significant increase in uxorilocal marriages and gradual acceptance of property inheritance by daughters in families with no son (Zhang, Citation2003). Nationwide land laws passed in Tanzania under the villagisation programme have tended to exclude daughters from land inheritance even in tribes where customary laws included them (Tsikata, Citation2003). Griffiths Citation(2002) and Rose Citation(2003) note that legal pluralism and economic and administrative changes in Botswana, Malawi and Swaziland have created opportunities for women to manipulate or challenge customary laws and statutes to their advantage.
3. TRADITIONAL EXCLUSION OF WOMEN FROM PROPERTY INHERITANCE IN BOTSWANA
Customary laws in Botswana traditionally excluded women from property inheritance (Roberts et al., Citation1970; Otlhogile, Citation1992; Dow & Kidd, Citation1994; Schapera, Citation1994). When a man died, the eldest son, if mature, took over his father's position as head of the family and the management of the family cattle. When a man died before marriage or without male issue, his property was inherited by a male relative.
The type and amount of property each child was entitled to inherit from the parents' estate was dictated by the child's sex and position in the family. The largest share of a deceased man's estate went to the eldest son or principal heir. He inherited the land and most of the cattle and the family cattle-post. The youngest son inherited some cattle, the homestead and the family ploughing fields. The remainder of the estate (mainly cattle) was divided among other children (i.e. the daughters and middle sons). According to Schapera Citation(1994), daughters and widows received no cattle at all. However, the principal heir was obliged to provide for unmarried sons and daughters and for separated or divorced daughters. The homestead could not be alienated without the consent of all family members.
A deceased person's possessions were divided appropriately between sons and daughters. For instance, kitchen utensils went to daughters while hunting and cattle management tools went to sons. It is worth noting that although wives erected and maintained houses (Schapera, Citation1943:86), daughters were not allowed to inherit either the houses or the homesteads, presumably because, as explained below, the land was said to belong to the father.
Western and colonial influences, and the introduction of waged employment and capitalist or market-oriented economies, caused the customary inheritance rules and practices to be challenged and modified during the colonial period. As early as the 1880s, some chiefs ruled in favour of unmarried daughters inheriting some cattle upon their fathers' death (Schapera, Citation1970), and some further ruled that ‘cattle of a man without sons were to be inherited by his widow and daughters, and no longer by his nearest male agnate … [and] a widow should receive (one or more) cattle even if her husband had surviving sons’ (Schapera, Citation1970:145). However, since women were not trained to manage cattle, they were forced to entrust them to their husbands or other male relatives (Dow & Kidd, Citation1994).
By the 1930s, chiefs had started to allocate land to de jure female heads of households (Schapera, Citation1994), while traditionally women accessed land only through their husbands or male agnates. Until the 1930s, familial land was owned and controlled by husbands, fathers or sons at the family level, and by chiefs and headmen at the community level (Kalabamu, Citation2000:305–6). Women were not allowed to either acquire or inherit land. From the 1930s, daughters started to inherit their mothers' arable land and to receive land and cattle as gifts or donations from their male relatives, although married women could not readily inherit property from their natal homes.
Women's ability to acquire and inherit property during the early twentieth century has been attributed to, inter alia, the introduction of capitalist or market economy and men's migration from Botswana to South Africa's mines and towns in search of cash employment. The advent of market economies led to the commoditisation of labour, land and cattle, which enabled some women to work as teachers, nurses, secretaries, interpreters and domestic workers and earn money to buy land and cattle and build modern houses. Furthermore, the men's prolonged absence made many women de facto or de jure heads of households, gave them economic power and enabled them to raise their children without the assistance of men (Schapera, Citation1994; Dow & Kidd, Citation1994; Datta, Citation1995) – a situation that continues to this day. However, despite the progressive rules and customs introduced during the colonial period, the exclusion of daughters from inheritance of houses and homesteads appears to have persisted (Kalabamu, Citation2006).
4. EGALITARIAN CUSTOMARY INHERITANCE IN TLOKWENG
In this paper the terms ‘egalitarian’ and ‘equality’ are used interchangeably to mean democratic, inclusive and free or unrestricted practices, rather than ‘equity’, which is reserved for fairness, impartiality and justice. The paper does not explore the extent to which gender equality has been translated into gender equity. Further research is therefore required to unravel issues of gender equity, ethnicity and differences in personal endowments.
4.1 Tlokweng ‘village’
Tlokweng, a peri-urban settlement abutting Gaborone, has experienced far-reaching demographic, socio-economic and environmental transformations during the past four decades. First, its population increased by 540 per cent from 3906 in 1971 to 21 133 in 2001. This rapid growth is attributable to its close proximity to the city – which it serves as a ‘dormitory town’. Second, it has a serious land and housing shortage because of this growth. The land shortage is aggravated by its location – hemmed in by city of Gaborone to the west, South Africa to the east and freehold farms to the north and south. Third, it was one of the first two villages to be declared an urban area. In Botswana a village attains ‘urban’ status when 75 per cent of its population is engaged in non-agricultural activities. In 1981 Tlokweng (together with Palapye) was declared an urban area, and by 1991 only 2 per cent of its economically active population was engaged in agriculture.Footnote2 Finally, as elsewhere in Botswana, many of Tlokweng's households are headed by women. In 1991, women headed 43 per cent of the 2647 households in the village and constituted 44 per cent of the economically active population.
In brief, Tlokweng is a village that has been transformed into an urban settlement – a context that provides a platform for contesting and re-defining customary norms and practices.
4.2 Research methodology
The primary objective of the study on which this paper is based was to explore the impact of recent social, economic, political and demographic transformations on customary inheritance rules and practices. The study was carried out through in-depth interviews based on a schedule of questions, and through focus group discussions. However, only data from the in-depth interviews have been used in this paper. A total of 26 in-depth interviews were held with 12 teenagers (six girls and six boys) and 14 adults (eight men and six women). The teenagers were selected from Tlokweng Community Junior Secondary School. No systematic approach was used to select the students.
The 14 adults were selected through purposeful sampling based on house ownership and residence in Tlokweng – regardless of whether they were migrants or not. The interviewees were male and female homestead owners interviewed at their homes, in alternating order (a man at one homestead, a woman at the next). In-depth interviews were also held with the Deputy Chief and one headman – both male. The Deputy Chief is also the Tlokweng Customary Court president. These two informants answered the questions in their official capacities. The ‘constant comparative analysis’ technique was used to analyse the data in order to identify emerging issues and similarities and differences between cases.
4.3 Redefined inheritable properties
Unlike in the past, when siblings were anxious to inherit cattle and arable land, respondents in Tlokweng all agreed that homesteads are currently the most preferred assets. One female respondent, a 64-year-old retired teacher, said:
The most important thing that people fight about is the lelwapa [homestead or residential plot] … because nowadays most of the people are looking for rental accommodation. Whenever somebody dies, children think of building rooms for rent so that they can get money.
Although cattle have been commoditised, some respondents consider animal husbandry risky and demanding, as one male respondent (a 67-year-old retired civil servant) explained:
Cattle are important but too demanding because of frequent drought. When it rains, grass grows, then cattle can feed and drink water on their own, but not when there is drought. Sometimes it only rains once a year, which makes it difficult to feed cattle. Building rooms for letting is less tedious because your duty is to collect rent at the end of each month. You only have to pay water and electricity bills, which is less tedious than feeding cattle.
4.4 Emerging gender equality
The experience of a female respondent (a 44-year-old secondary school head teacher) shows that married daughters may now claim a share of their deceased parents' estate:
I inherited a tshimo [field] that my mother used to plough because I am the last-born daughter. At first I feared that my brothers and sisters were not going to let me inherit the tshimo because I am married but they did and I am very happy with that … My brother – the last-born son – inherited the residential plot. He did not inherit the field because my aunt told us that in our culture the last-born girl is the one who has to inherit the mother's field. Whoever is last in the family has to get the lelwapa, so in our case it happened to be a boy.
My eldest brother got the second tshimo, which he shared with the other children. All the children had a share in the cattle. The cattle were divided equally among all the children … My elder brother did not get more cattle than any other child. We shared equally … Every one of us was happy except my sister who claims to have been given a piece of land by my father but others don't agree. We have planned for the family meeting to which we have invited elders. If this fails, the chief will have to intervene. His word will be final …
It seems that equal sharing of property (such as cattle) between siblings of both sexes is a recent phenomenon in Tlokweng. Older women – those whose parents died more than 30 years ago – have different experiences, as explained by an 83-year-old retired female teacher:
My father died in 1972 and my mother in 1985. I inherited my mother's tshimo and the lelwapa but nothing from my father. My brothers inherited our father's cattle … all his cattle were divided among boys only, not girls. The girls got nothing even after our mother passed away. I inherited my mother's yard because I was looking after her … Our last-born brother inherited our mother's [second] residential plot, which our mother had inherited from our grandmother. He is not staying on the plot. It is our last-born sister who is residing on the plot. She was once married, now she is divorced.
The secondary school head teacher spoke of her sister who was unhappy with the equal sharing out of assets that took place after their father's death because, the sister argued, the sharing did not take cognisance of her role in caring for their ageing parents. She explains:
My sister [who is not married] claims one of our parents' fields because she took care of them while they were still alive. However, other members of the family do not see it that way because our parents did not inform us when they gave her that piece of land. We think that our parents … just allowed her to use it when she wanted to go and settle elsewhere. Since our parents had enough land to give her a portion, they did so.
Some male and female respondents want sons to be excluded from inheritance benefits. A 64-year-old retired carpenter wished he had an unmarried daughter to inherit his two plots. He said:
If I had a daughter I would make her get the bigger portion of share. I was going to give her all the plots. I would expect the boys to work hard to get their own plots. Or if the daughter gets married that's when I can ask her to give the plots to her brothers because she will have to use her husband's property.
A 58-year-old bricklayer employed by a private company wanted his parents' property to be inherited by his sister and his own property by his daughters:
I think our sister will inherit everything from our mother. I think all my brothers will agree to the idea because they also have their own plots already … Our sister is not married but has four children: three sons and one daughter. She is living with them in our mother's house. She is the one who is taking care of our mother. She is not working. If she was married she was not going to inherit the plot – it was going to her last-born child [a daughter]. According to our local culture, if our sister is not married she has to remain in our parents' plot. Even if we were not having plots we were still going to allow her to inherit our mother's plot …
I intend to give my house to my last-born daughter and the field to the other young daughter. The older ones will have to go and find their own plots … I have decided to give everything to the young ones because the older children have enough chance to go and look for their own plots since they are older than the young ones.
My late husband was born here in Tlokweng. I have nine children – six boys and three girls. I do not own any residential nor arable land. This plot belonged to my late mother-in-law. Both my father and mother-in-law have passed away. I have two houses in the plot … My children helped me to build the big house. They contributed money for buying roofing materials and I contributed money for the foundation up to the roof. I used the profit money from my brewing business.
When I die my last-born daughter is the one who is going to inherit the lelwapa. The other children will not complain … because they know it is the culture. I know that normally the last-born son is the one that has to inherit the lelwapa, but if the last-born daughter is not married, I think she should inherit it, not the last-born son, because for a boy it is easy for him to make a living even if he is not married, unlike a girl, which is difficult even to get a job, but for a boy it is easy to find a job. I will call all my children and discuss the issue of giving the last-born daughter the lelwapa, but if they refuse I will involve elders, such as the uncles.
I am staying in my parents' plot. I inherited the plot because I was taking care of my parents and I am not married. All my brothers and sisters are married and have their own lelwapa. In Setswana culture the last-born son is the one who has to inherit the lelwapa, but in our case my brother who was supposed to inherit it agreed to give it to me since he is married and has his own lelwapa. We, my brothers and I, discussed the issue and agreed that I should be the one who should inherit the lelwapa. The agreement was done in writing. This was done recently, while my parents passed away a long time ago. My mother's tshimo was divided among my four brothers and me. My sisters who are married did not get anything. At the time of their death, our parents did not own any cattle.
Married daughters who adopt post-nuptial matrilocal residence may also inherit their parents' estate, as the following narrative by the 67-year-old retired civil servant reveals:
I was born in Molepolole … I am married to a woman from Tlokweng. My wife inherited this plot from her parents. We had two children but one passed away. At present I am not working. I worked for the wildlife department. I invested all my pension money in building houses in the plot. I now have five units, which I am renting out. I get money every month. It is like I am still working. Our surviving son will inherit everything – houses on this plot and my money. He is a businessman and has a car. I have two grandchildren – they are not going to inherit anything from me.
In brief, inheritance practices in Tlokweng appear to have changed from privileging sons to being gender inclusive. Some parents appear to favour daughters, especially unmarried daughters or daughters who adopt their natal home for residence after marriage. Daughters who invest money, labour and other resources in their natal homesteads and fields and those who take care of aging parents feel entitled to a larger share of the deceased parents' estate. The privileging of daughters over sons is partly based on the assumption that, in the urban environments, girls are more vulnerable in terms of job findings and coping strategies than boys. This concern is valid if we take into account that more females than males are poor in Botswana. Welfare and duty-beneficiary considerations have thus contributed to gender equality in customary property inheritance.
The Tlokweng Deputy Chief (who is also the village's Customary Court President) supports the emerging inheritance practices. He says:
According to our customs here in Tlokweng, sons are the only ones who have the right to inherit cattle. I don't like this rule. All children (whether boys or girls) should share the cattle. In the past, older sons got bigger shares of the cattle. These days, cattle are shared equally between all children. However, if an older son demands a larger share and the matter is presented before the customary court, the chief will say ‘yes, it is okay because he is the eldest in the family’.
… Batlokwa [the indigenous tribe in the Tlokweng area] culture for inheriting land does not differ much from other Tswana tribes – the difference is that Batlokwa do not have as much land. In the past, people could erect their cattle-posts anywhere because there was enough land … Other tribes, such as Bangwato, still have enough land.
4.5 Drivers for gender equality
Kalabamu (Citation2006:241–3) attributes progressive land reforms and inheritance rights in Botswana to several factors, such as the upholding of democratic governance and human rights principles by the post-colonial Botswana Government, the effects of globalisation and feminist campaigns, women's empowerment through economic prosperity and transformations, and shifts in men's interest in land, cattle and other forms of property. He argues that socio-economic transformations have not only enhanced women's self-esteem and independence but also given them equal status with men, while democratic institutions, globalisation and feminist campaigns have given them a platform and the energy to challenge gender inequalities and exclusions.
The responses obtained in Tlokweng suggest that the new gender equality in property inheritance has come about because of several interrelated and interdependent factors. First, as noted earlier, are the changes in inheritable assets brought about by urbanisation, the use of cash, new sources of livelihood, and land shortages. Land and housing have overtaken cattle as the major source of wealth, power and social status. Second is women's ability to earn independent incomes, which has empowered them and enabled them to help generate and accumulate family assets. Third is the tendency of unmarried daughters living with their parents to invest in their parents' land and housing estate and take care of them in their old age – which gives them a platform for duty-beneficiary claims that were in the past the prerogative of sons. Fourth is the growing phenomenon of women household heads who have no moral obligation to uphold patriarchal practices. Last are the welfare considerations under which daughters are considered more vulnerable than boys in urban Tlokweng today.
4.6 Contesting gender equality
Although most adult men interviewed in Tlokweng prefer sharing their estate equally among their children or favouring their daughters, older women, young men and teenage boys are strongly opposed to this development. The 64-year-old retired but unmarried teacher who inherited her parents' homestead wants her estate to be inherited only by her sons because she is afraid that the daughters may get married:
… I intend to give my last-born son the lelwapa because maybe the last-born daughter will get married. Even if the last-born son is married I will still give him the lelwapa. I am not too sure as to whom I will give the masimo [arable fields or land]. Probably to whoever is interested in ploughing, because I have realised that nowadays children are not interested in ploughing. Otherwise I will give it to my eldest son.
Young adult men think they are entitled to inherit from their parents to the exclusion of their sisters, as this young man says:
I am 25 years old and an employee of […] as a security officer. I am not married. I do not own a car or a house … When my parents pass away I intend to inherit the fields and the residential plot from them. I expect my sister to get married and move from my parents' plot and go and settle with her husband. If she does not get married she has to go and find her own plot. I cannot share the plot with her because it is small (40 metres by 40 metres). We may share the fields – if I can plough this year then she can plough the following year. If she is married I will not allow her to plough the fields, she has to use her husband's property …
Suppose my sister does not get married and wants to share my parents' property with me, I will not allow her because I am older than her. I have to take care of her. I will ask her to go and look for a house to rent. If she is not working, we can build more houses in the plot and then share rooms. If she does not agree with me, I will ask the elders to resolve the matter. If it fails, I will take it to the kgotla [village court or assembly], if it fails again I will take the matter to the high court.
Some teenage male respondents also want their sisters excluded from inheritance benefits. For example, a 15-year-old boy with two brothers and two sisters expects to inherit the lion's share and his sisters to be excluded. At the same time, he indicates a preference for parallel inheritance if his sisters do not marry and go away:
When my father dies, I expect to inherit a construction company which he owns, since I am the eldest son. I also expect to inherit my parents' land because I am old and able to put it to good use … I expect my younger brother to inherit a house while my sister will get married and move away to start her own life. If she doesn't get married, since my mother is a hairdresser she will inherit money from my mother's business.
Another 14-year-old boy also prefers parallel inheritance – for sons to inherit his father's business and sisters to inherit his mother's business. However, he does not mind equal sharing of non-market resources such as arable fields:
My father owns a motor vehicle garage, a car, house, arable fields and a cattle-post. I expect to inherit from my father … my sister will inherit from my mother because she is a woman, while I am a man. I will inherit from my father, me and my elder brother. My sisters will inherit money from my mother and my mother's furniture. All of us (boys and girls) will share the arable fields.
In contrast to teenage boys, teenage girls sounded ambivalent, indifferent or fearful of inheritance issues. One teenage girl said:
I am not interested in inheriting anything because I know that in most cases when parents die children start fighting over the inheritance. So I don't want to get involved in fighting. I prefer getting things for myself.
When my parents die, I do not think that everything will go well since my twin sister and I do not get along well. I think there will be some conflicts … I expect to inherit our [mother's] cattle, masimo, and land and my twin sister to inherit from my father.
I expect to inherit from my parents – at least one house and some cattle. My elder brother can inherit another house and a car because he has a valid drivers' licence. My younger brother can also inherit the other car and the other house and some goats and some cattle. I think the last-born [brother] has to get a bigger share because traditionally the last-born is the one who is supposed to inherit a bigger share than others … our elder brother should inherit the cattle-post because maybe he will be more responsible than us, the young ones. I think I should inherit the tshimo.
5. CONCLUSION
In contrast to the traditional norms and practices that prevailed in Botswana four to five decades ago, the interviewees' experiences and perceptions presented in this paper suggest that inheritance norms and practices in Tlokweng are now largely egalitarian and inclined to privilege daughters over sons. Contrary to the views of previous scholars (Otlhogile, Citation1992; Molokomme et al., Citation1998), customary norms and practices have been redefined to accommodate the new forms of assets (such as rentable rooms, money, businesses and cars), which are now more valuable and preferred over traditional ones such as cattle and agricultural land. The village's proximity to Gaborone and the high demand for rental rooms have made residential properties the most preferred inheritable asset. As theorised in the conceptual framework, the emerging practices are outcomes of multilayered and interrelated social, economic, environmental, political and historical processes that have transformed sources of livelihoods, and gender and power relationships, to provide a platform for challenging women's exclusion from property inheritance and other forms of gender inequality.
In the context of Tlokweng, women's rights to inherit or share in the estate of their deceased parents have been driven by the demise of peasant agriculture, the weakened role of communal resources in everyday life, and the growth of the market economy. Women are now able to earn independent incomes and make substantial investments in family houses and homesteads. Unmarried daughters and daughters who choose matrilocal post-nuptial residence have attained the status traditionally accorded only to sons. Furthermore, since unmarried daughters are better placed than sons to care for aging parents, this entitles them to a larger share of their parents' estate under duty-beneficiary rules. In addition, some parents prefer to privilege daughters over sons because they consider girls to be more vulnerable than boys in today's urban environments. More importantly, the redefined inheritance rules have enabled women to access land and housing more readily than in the past. The paper has also shown that property-grabbing and inheritance-related conflicts are not necessarily due to the supposedly outdated customary rules, but reflect the mind-sets of conservative individuals and groups with vested interests who are reluctant to accept gender equality and positive changes.
Notes
1Throughout this paper, the terms ‘tradition’ and ‘traditional’ are used to refer to dynamic but common, indigenous, historical, culturally based and unregulated artefacts and ways of living that the present generation or immediate past generations inherited from previous generations.
2Although many people are employed as teachers, civil servants, and so forth, they may still be engaged in arable and/or pastoral farming.
REFERENCES
- DATTA , K . 1995 . Rural homes and urban dwellings? Gender, migration and the importance of tenure in Gaborone . International Journal of Population Geography , 1 : 183 – 95 .
- DEERE , C D and LEON , M . 2003 . The gender asset gap: land in Latin America . World Development , 31 ( 6 ) : 923 – 47 .
- DOW , U and KIDD , P . 1994 . Women, marriage and inheritance , Gaborone : Women and Law in Southern Africa Trust .
- EMANG BASADI WOMEN'S ASSOCIATION . 2002 . Report on baseline study on land and property grabbing , Gaborone : Lightbooks .
- GREEN , D R and OWENS , A . 2004 . Family welfare: gender, property and inheritance since the seventeenth century , Edited by: GREEN , D R and OWENS , A . London : Praeger .
- GRIFFITHS , A . 2002 . Women's worlds, siblings in dispute over property inheritance: a view from Botswana . Africa Today , 49 ( 1 ) : 61 – 82 .
- KALABAMU , F T . 2000 . Land tenure and management reforms in east and southern Africa: the case of Botswana . Land Use Policy , 17 : 305 – 19 .
- KALABAMU , F T . 2006 . Patriarchy and women's land rights in Botswana . Land Use Policy , 23 : 237 – 46 .
- KALABAMU , F T and MOROLONG , S . 2004 . Informal land delivery processes and access to land for the urban poor in Greater Gaborone , Birmingham, , UK : University of Birmingham . Informal Land Delivery Processes in African Cities: Working Paper 3
- KASER , K . 2002 . Power and inheritance: male domination, property, and family in Eastern Europe, 1500–1900 . The History of the Family , 1 ( 7 ) : 375 – 95 .
- LASTARRIA-CORNHIEL , S . 1997 . Impact of privatization on gender and property rights in Africa . World Development , 25 ( 8 ) : 1317 – 33 .
- MAPETLA , N and SAKOANE-SONGCA , R . 2005 . “ Perceptions on property and inheritance rights in Lesotho: need for legal change? ” . In Gender, generations and urban living conditions in southern Africa , Edited by: Kalabamu , F T , Mapetla , M and Schlyter , A . Maseru : Institute of Southern African Studies .
- MBIBA , B and HUCHZERMEYER , M . 2002 . Contentious development: peri-urban studies in sub-Saharan Africa . Progress in Development Studies , 2 ( 2 ) : 113 – 31 .
- MOLOKOMME , A , SELOLWANE , O , SOMOLEKAE , G , OTLHOGILE , B , MOLUTSI , P and KGASA , M . 1998 . “ Review of all laws affecting women in Botswana ” . Gaborone : Women's Affairs Department, Ministry of Labour and Home Affairs .
- MOOKODI , G . Paper presented at the 2001 Population and Housing Census Dissemination . September 8–11 , Gaborone. Household perspective of women and men in Botswana , Grand Palm Hotel .
- NGIRWA , N . 2002 . Women's property and inheritance rights and the land reform process in Malawi , Blantyre : Institute for Policy Research and Analysis for Dialogue .
- OTLHOGILE , B . 1992 . The law of inheritance in Botswana , Gaborone : Women in Law in Southern Africa .
- ROBERTS , S , CAMPBELL , A C and WALKER , J M . 1970 . The Malete law of family relations, land and succession to property , Gaborone : Government Printer .
- ROSE , L L . 2003 . Women's strategies for customary land access in Swaziland and Malawi . Africa Today , 49 ( 2 ) : 123 – 49 .
- SCHAPERA , I . 1943 . Native land tenure in the Bechuanaland Protectorate , Cape Town : Lovedale .
- SCHAPERA , I . 1970 . Tribal innovators: Tswana chiefs and social change , London : University of London, Athlone Press .
- SCHAPERA , I . 1994 . A handbook of Tswana law and custom , 3 , Hamburg : International African Institute .
- TSIKATA , D . 2003 . Securing women's interests within land tenure reforms: recent debates in Tanzania . Journal of Agrarian Change , 3 ( 1&2 ) : 149 – 83 .
- ZHANG , H X . 2003 . Gender differences in inheritance rights: observations from a Chinese village . Journal of Peasant Studies , 30 ( 4/4 ) : 252 – 77 .