Introduction to the caseThis case concerned four elderly sisters all aged over 65 years, namely Edith Mmusi, Bakhani Moima, Jane Lekoko and Mercy Ntsehkisang . The applicant sister's main argument and challenge was that they were free and entitled to inherit the family home which had belonged to their late father. They supported this claim by arguing that they had used their own funds to preserve and renovate the property and had even cared for their late mother on the same farm before her death. Their claim was disputed by their half-brother's son, Molefi Ramantele, who in turn argued that under Ngwaketse customary law, the family house was only inherited by the youngest son and that he therefore had the right to inherit as his father's heir. The case was initially heard by the lower customary court which ruled in favor of Ramantele. The case was appealed to the High Customary Court, which later ruled that the property belonged to the sisters. Ramantele then appealed the decision to the Customary Court of Appeal, which ordered Mmusi to leave the family home. The Customary Court of Appeal found that, as under the rule of customary law, the exclusion of women from inheritance was consistent with a deep-rooted cultural system dominated by partiarchy and as such, the house belonged to Ramantele as the sole surviving male heir. The petitioner The sisters then appealed the decision of the Customary Court of Appeal to the High Court. They argued and argued that the said rule of customary law is unconstitutional to the extent that it infringes on the right to equal protection of the law or equality under section 3(a) of the Constitution of Botswana. The High Court considered Ms Mmusi's complaint......middle of article......LIOGRAPHY• Knoetze, E. “Westernization or promotion of African women's rights, intestate customary succession in South Africa South.• Knoetze, E. & Oliver.M (2005) “To develop or not to develop customary law? » • Rautenbauch (2008) “South African common and customary law of intestate succession; a question of harmonization, integration or abolition” – Electronic Journal of Comparative Law • Schapera (1994) “A manual of Tswana law and customs” • Himonga.C “The advancement of African women's rights in the 1st decade of democracy in South Africa • Southern Africa Litigation Center (online source), Summary of the Mmusi judgment of the HC and COA (www.southernafricanlitigationcenter.org) • The Weekend Post (online source) of 09/15/2013 “The Dikgosi defend their rights” (www.theweekendpost.co.bw) • Landesa Center for Women's Land Rights (online source) www.trustlaw.org