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FOMBAD, CHARLES MANGA (2) answer(s).
 
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ID:   133719


Africanisation of legal education programmes: the need for comparative African legal studies / Fombad, Charles Manga   Journal Article
Fombad, Charles Manga Journal Article
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Publication 2014.
Summary/Abstract Debates and discussions about the African renaissance and the Africanisation of universities have raged for decades. The goal of developing an emancipatory Afrocentric system that frees African education from the continuous and dominant influence of Euro- and American-centric cultural values remains a challenge. This is particularly so with respect to conventional African legal training and research programmes. Some African legal scholars, sometimes imbued with xenophilia, have in many ways participated in the process that has seen the continuous marginalisation of studies on the law in Africa and African law. This paper argues that there is a need to rethink the place devoted to the study of African law and African legal systems. It contends that African law generally and African legal systems specifically will hardly be able to develop when present-day students spend most of their time, especially in a course such as comparative law, studying western legal systems. In order for African legal education to be relevant and meaningful it must prepare and equip today's lawyers to operate in a global world. It is therefore suggested that an Africanised legal programme should include a course on African legal studies and aim to be contextually and globally relevant whilst being sufficiently innovative and flexible to address the urgent needs of our times.
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ID:   133619


Gender equality in African customary law: has the male ultimogeniture rule any future in Botswana? / Fombad, Charles Manga   Journal Article
Fombad, Charles Manga Journal Article
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Publication 2014.
Summary/Abstract The actual and perceived conflicts between customary law and human rights law, especially in issues dealing with gender equality, have remained a major challenge in Africa. Some of these conflicts are further complicated by the varying and contradictory interpretation of some customary laws by the courts. Different approaches have been adopted at different times and in different places to deal with some of these conflicts. One of the most controversial areas of customary law has been the traditional exclusion of women from property inheritance. This paper takes a critical look at how the courts in Botswana have dealt with the issue of the right to inherit the homestead or family home. It examines this issue in the specific context of the recent case of Ramantele v Mmusi in which the Court of Appeal had to consider the customary law rule of male ultimogeniture - which permits only the last-born son to inherit the homestead intestate to the exclusion of other siblings, especially females. It argues that courts need to be more proactive and progressive in their approach to dealing with such issues than they have been in the past in order to recognise the nature and extent of changes that are taking place today. The main lesson that can be drawn from the Botswana case is that if customary law is to survive and develop, more needs to be done to promote research and scholarship in this area and judges also need to take advantage of this research and deal with these customary law disputes with knowledge, understanding and sensitivity.
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