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A History of Marriage and Citizenship: Kalanga Women's Experiences In A HISTORY OF MARRIAGE AND CITIZENSHIP: KALANGA WOMEN’S EXPERIENCES IN POST-COLONIAL BOTSWANA UNTIL 2005 BY UNALUDO SECHELE THIS THESIS HAS BEEN SUBMITTED IN ACCORDANCE WITH THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS IN THE FACULTY OF THE HUMANITIES, FOR THE CENTRE FOR AFRICA STUDIES AT THE UNIVERSITY OF THE FREE STATE. FEBRUARY 2015 SUPERVISOR: PROF. I.R. PHIMISTER CO-SUPERVISOR: DR D. SPENCE Declaration I declare that the dissertation hereby submitted by me for the Master of Arts degree at the University of the Free State is my own independent work and has not previously been submitted by me at another university/faculty. I furthermore cede copyright of the dissertation in favour of the University of the Free State. Unaludo Sechele ABSTRACT This study examines Kalanga women‟s experiences in relation to marriage and citizenship legislation in Botswana between 1966 and 2005. The analyses of the study are based on legislation affecting all women in Botswana, but are specifically focused on a group of rural women of Kalanga origin. A number of legislations in Botswana affected the Kalanga women, but the emphasis of this study falls on the Citizenship Act (1984), leading to its amendment in 1995, and the Abolition of Marital Power Act (2004). The Citizenship Act (1984) had to be amended because it discriminated against women as it rendered the passing on of citizenship to children patrilineal. The Abolition of Marital Power Act (2004), on the other hand, came about as a result of oppression that married women faced as they did not have rights and were considered minors as per common and customary law. This study also traces the events of the Unity Dow case, and the extent to which it helped improve the status of Kalanga women. Dow took the government to Court in 1990 as she believed that she too had the right to pass citizenship on to her children despite the fact that she was married to a foreign citizen. The High Court and the Court of Appeal ruled in her favour as the Act itself contradicted the country‟s constitution. Kalanga women who faced the same challenge as Unity Dow benefited from the court ruling. After the Government lost the case it was forced to amend either the Citizenship Act (1984) or the constitution. Amending the constitution so as to allow gender discrimination was not an option. This was because the world had started to pay attention to women‟s rights in Botswana. The patriarchal nature of the Kalanga ethnic group, gave men marital power. Hence, this study examined how the Abolition of Marital Power Act (2004) improved the status of women in their families and examined whether they benefited from the newly instituted Act. Keywords: Botswana, Kalanga, citizenship, marriage, patriarchy, women, gender, equality, governance, tradition Opsomming Hierdie studie ondersoek Kalanga vroue se ervarings met betrekking tot die huwelik en burgerskap in Botswana tussen 1966 en 2005. Die ontleding van die studie is gebaseer op wetgewing wat alle vroue in Botswana geraak het, maar spesifiek fokus op 'n groep van vroue van Kalanga oorsprong. 'n Aantal wette in Botswana het die Kalanga vroue geraak, maar die klem in hierdie studie is op die Burgerskap Wet (1984), wat gelei het tot die i wysiging in 1995, en die Afskaffing van die Maritale Mag Wet (2004). Die Burgerskap Wet (1984) moes gewysig word omdat dit teen vroue gediskrimineer het in terme van die patriliniêre oordrag van burgerskap aan kinders. Die Afskaffing van die Maritale Mag Wet (2004), aan die ander kant, het ontstaan as gevolg van onderdrukking wat getroude vroue in die gesig gestaar het deur die feit dat hulle nie regte gehad het nie en volgens die gemenereg en gewoontereg as minderjariges beskou is. Hierdie studie volg ook die gebeure van die Unity Dow hofsaak, en hoe dit gehelp het om die status van Kalanga vroue te verbeter. Dow het die regering in 1990 hof toe gevat omdat sy geglo het dat sy ook die reg moes hê om burgerskap aan haar kinders oor te dra ten spyte van die feit dat sy aan 'n buitelandse burger getroud was. Die hooggeregshof en die appèlhof het in haar guns beslis omdat die wet die grondwet van die land weerspreek het. Kalanga vroue met dieselfde uitdagings as Unity Dow het voordeel getrek na die hof se beslissing. Na afloop van die regering se mislukking in die saak is hulle gedwing om óf die Burgerskap Wet (1984) óf die grondwet te wysig. Laasgenoemde was nie 'n opsie nie. Die rede hiervoor was omdat die wêreld begin aandag skenk het aan vroueregte in Botswana. Die patriargale aard van die Kalanga etniese groep het maritale mag aan mans toegeskryf. Hierdie studie ondersoek dus hoe die Afskaffing van die Maritale Mag Wet (2004) die stand van vroue binne hul gesinstruktuur verbeter het en vra die vraag of hulle voordeel getrek het uit die werking van die nuwe Wet. ii Table of Contents ABSTRACT ............................................................................................................................................. i ACKNOWLEDGEMENTS .................................................................................................................... v ABBREVIATIONS .............................................................................................................................. vii CHAPTER 1 ........................................................................................................................................... 1 INTRODUCTION .............................................................................................................................. 1 Significance of the study ................................................................................................................. 5 Theoretical framework .................................................................................................................... 6 Objectives ....................................................................................................................................... 7 Justification of the research............................................................................................................. 7 METHODOLOGY ............................................................................................................................. 8 Ethics............................................................................................................................................. 12 LITERATURE REVIEW ................................................................................................................. 12 STRUCTURE OF THE STUDY ...................................................................................................... 22 CHAPTER 2 ......................................................................................................................................... 24 WOMEN NOT YET UHURU .......................................................................................................... 24 Common law and customary law marriages as determinants of Kalanga women‟s socio- economic status ............................................................................................................................. 26 The Citizenship Act (1984) and the status of women ................................................................... 38 Conclusion .................................................................................................................................... 45 CHAPTER 3 ......................................................................................................................................... 47 FROM MINORS TO EQUALS: TRANSFORMING KALANGA WOMEN ................................. 47 The citizenship case 1990 - An aid for the transition of women‟s status ...................................... 51 Marital power abolished................................................................................................................ 59 Conclusion .................................................................................................................................... 72 CHAPTER 4 ......................................................................................................................................... 75 THE EMERGENCE OF WOMEN‟S FREEDOM IN BOTSWANA .............................................. 75 After the high court ruling - The Dow case .................................................................................. 76 The aftermath of the Abolition of Marital Power Act 2004 .......................................................... 83 Conclusion .................................................................................................................................... 93 CHAPTER 5 ......................................................................................................................................... 95 CONCLUSION ................................................................................................................................. 95 APPENDICES .................................................................................................................................... 108 BIBLIOGRAPHY ............................................................................................................................... 116 iii PRIMARY SOURCES ............................................................................................................... 116 SECONDARY SOURCES ........................................................................................................
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