From minors to equals? Kalanga women and marriage legislation in post-colonial Botswana, 1966-2005

Abstract

This article examines rural Kalanga women's reactions to marriage legislation in Botswana between 1966 and 2005. This legislation, it could be argued, fails to challenge the broader inequality which exists between women and men in Botswana. This becomes even more apparent when women are identified as belonging to a minority ethnic group and are resident in rural spaces. This article discusses how modernity, tradition-custom, and the law in Botswana converge today. It aims to demonstrate how some women reacted to the abolition of marital power, with a focus on how they perceive marriage. Focusing on rural Kalanga women, the study investigates reactions to Botswana's constitution of 1966, to the marriage laws of 1967, and the 2004 Abolition of Marital Power Act. Finally, it investigates the gendered impact of these laws - as well as the complex discourses surrounding marriage and human rights - on the lived experiences of Kalanga women. The article reflects on the divergent ways in which many women negotiated their struggle for recognition within their ethnic groups - while also circumventing their inferior position as wives under Botswana law and a patriarchal system. Some women in this study preferred to support a more 'traditional' form of inequality within the household. While this study cannot purport to represent all Kalanga women, it does ask important questions about the Botswana gender agenda and in so doing, raises questions of both the perpetuation of patriarchy and women's agency in Botswana.