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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The Duty to Bury
Author:Otlhogile, Bojosi
Year:1989
Periodical:Botswana Notes and Records (ISSN 0525-5090)
Volume:21
Pages:67-71
Language:English
Notes:biblio. refs.
Geographic terms:Botswana
Southern Africa
Subjects:customary law
conflict of laws
funerals
Law, Human Rights and Violence
Peoples of Africa (Ethnic Groups)
law
death
Links:https://www.jstor.org/stable/40979839
http://search.proquest.com/pao/docview/1291923460
Abstract:Subsequent to Britain having made a Protectorate of Botswana in 1885, an executive Order in Council in 1891 proclaimed the reception of Roman Dutch law in Botswana and declared its supremacy over customary law, setting the stage for a value conflict. Based on the case of a Motlokwa man who died on 18th August 1987, this paper aims at understanding why such a common thing as death and burial has become so controversial in recent years. It first examines customary law in Botswana and its juxtaposition to imported law. Then it reviews the decision in this case, in which the dead man's brother and father stood against his widow in a struggle over the right to bury the deceased. Finally, the paper makes proposals as to the future of similar cases. Notes, ref.
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