Abstract
The problem question for this research is: Barriers to Gender Equality in the Botswana Legal establishment: A critical analysis. The purpose of the study is to examine the extent of gender disparities in the legal profession in Botswana as well as elucidating on the social-economic and political forces giving rise to such differences. It is a theoretical desktop study, reviewing the battle between men and women in the legal profession: men determined to maintain a strangle hold on the legal profession, and women struggling to enter the professions. One of the most dramatic changes in the legal profession in recent years has been the influx of women. In many countries women now constitute close to half of all law students, although it will be the turn of the century before this representation is fully mirrored among practitioners. In this paper, we make an analysis of the barriers to gender equality between first and third world countries. We try understand the reason why there is a gender gap in the legal establishment in countries such as the United States of America, Canada and Australia, entry into the so-called-learned profession has been a march in developed countries with very low or limited discrimination as compared to the third world country of Botswana.

INTRODUCTION
Barriers to women’s entry into the legal profession seem to have disappeared. Over the past decade the number of women graduating from law school and practicing law has grown enormously in most industrialized, Western including the African continent societies. Despite women graduating from law schools in significant numbers, they continue to lag behind in the most prestigious positions in the legal fraternity. The law profession is historically a male dominated profession in the western countries such as the United Kingdom and the United States of America. However, in Botswana, law as a profession, is a recent phenomenon, whose development only started to take shape when Botswana was colonised by the British and was eventually granted Independence in 1966. The introduction of the common law courts applying the received law which a dual combination of the Roman Dutch law and English common law , along-side the traditional courts applying customary law, have created a fascinating interaction between the two systems whose rules are different and both have their own unique barriers to gender equality.
A BRIEF HISTORY OF WOMEN IN THE PROFESSIONS
The story of women in the professions began quite recently. Entry to the so-called learned professions—law, medicine, and the ministry—was prohibited by law in many countries until well into the twentieth century. Even where entry was lawful (as in New Zealand), social and ideological barriers were substantial. Women generally participated in activities that had not yet been professionalized (such as midwifery before the physicians took over) or occupations that were losing economic and social status after an initial period of male dominance, such as teaching and office work Women entering the professions in the nineteenth century generally assimilated to prevailing Western ideologies, such as the "cult of domesticity" and "women's separate sphere" by arguing that women had special contributions to make in medicine social work teaching younger children and nursing. This history suggests interesting parallels to contemporary debates between the "special contributions" of women and the "similar" values of male and female professionals, which should allow women to rise in the conventional hierarchies However, changes in context, including the increased bureaucratization of the professions, greatly complicate the analogies.
A small but important group of nineteenth-century feminists in England and the United States argued that women could and should participate in the professions on equal terms with men. Concurrently, a core of activist practitioners and researchers began to demonstrate that sex differences were either nonexistent or irrelevant. While some historians have seen women gaining entry to the professions by accepting the dominant cultural doctrines about their innately nurturant qualities, more recent interpretations suggest that there were several avenues for professional achievement. Penina Glazer and Miriam Slater have examined the role of American women professionals in academia, medicine, law,research science, and social work and have identified four different strategies: superperformance (female physicians who performed so brilliantly that their competence could not be challenged), separatism (female academics at women's colleges who forswore conventional domestic life), subordination (found in virtually all male-dominated professions but particularly pronounced in science, where women disproportionately staffed the lower levels of laboratories), and innovation (efforts to create or modify professions, such as psychiatric social work, by combining scientific training with more "conventional" caring values). For most of American history, women were considered unfit for law, or law unfit for women. Until early in the 20th century, judges, legislators, and legal educators largely agreed that women lacked a “legal mind;” the “peculiar qualities of womanhood, its gentle graces, its purity, its delicacy... and its emotional impulses” were not qualifications for “forensic strife.
In the late nineteenth and early twentieth centuries, when women began to enter college and graduate school, some used the burgeoning social sciences to challenge the dominant ideology of sexual differentiation based on Darwinian, and then Freudian, variations on the theme of "anatomy is destiny". Researchers showed that woman's intelligence was not significantly different from man's, even if her brain was smaller; menstruation did not limit performance; and, most important, intrasex variation was greater than intersex variation. The words of Ryan CJ sums very well the struggle by women to be treated as equals in the law profession when he said “Nature has tempered women as little for the judicial conflicts of the courtroom as for the physical conflicts of the battlefield. . . . Our. . . profession has essentially . . . to do with all that is selfish and extortionate, knavish and criminal, coarse and brutal, repulsive and obscene in human life. It would be revolting to all female sense of innocence and the sanctity of their sex.” HISTORICAL BACKGROUND AND LEGAL STATUS OF WOMEN IN THE WORKFORCE
The Legal History of Botswana
The gender disparities existing within the law profession in Botswana can only be better understood within the context of historical development of the law profession in Botswana. Botswana was ruled by the British from 1885 until it attained independence in 1966. In a bid to protect their sphere of influence and route into the interior of Southern Africa, in 1885 the modern day Botswana was declared a Bechuanaland Protectorate by the British. Five years later, in 1890, the Foreign Jurisdiction Act was passed by the British parliament. The act authorised the British government to legislate and administer their colonial territories including Bechuanaland protectorate. By the Order in Council of 10th June, 1891, Bechuanaland was proclaimed a British protectorate and the law in the Cape Colony was made the law applicable in Bechuanaland protectorate mutatis mutandis.
For the most part of the colonial period, the British practiced what came to be known as indirect rule, whereby they took the overall control of the country but allowed chiefs of different tribal denominations to manage their internal tribal affairs. As a result of this philosophy of the British colonial administration, they decided to make use of the existing traditional dispute settlement agencies that they found in place in the then Bechuanaland. The traditional agencies retained virtually exclusive jurisdiction over Africans because the jurisdiction of the official courts of the Protectorate did "not extend to any matters in which Natives only are concerned, unless in the opinion of such Court the exercise of such jurisdiction is necessary in the interests of peace, or for the prevention or punishment of acts of violence to persons or property". In both pre-colonial and Western forms of schooling, education was a crucial medium of construction and articulation of ideas concerning the role and behaviour of women. Pre-colonial education reproduced and maintained sharp gender differentiation in the division of labour. Socialisation and women's own internalisation of their role and position in society, upheld dominant male ideology and subordination of women. Amongst Batswana also, girls' education was not always accepted and even where it was, its acceptance was gradual and was mediated by, and remained subordinate to the pre-capitalist needs of Tswana society. With the gradual change of attitudes towards women's education, more women were also able to participate in higher education, as well as in training and employment as teachers, nurses and secretaries. The increasing employment opportunities in postcolonial Botswana enabled a significant number of women to 3 work outside the home, albeit in domestic-oriented vocations. In the 1990's, in areas such as the social sciences and education women's enrolments have tended to equal and even surpass those of men, but have continued to lag behind those of men in science and technology related areas
At independence, Botswana continued with the same dual legal system, one comprising the received law administered by the modern courts and the other comprising the customary law which is administered by Dikgosi.

The Concept of Gender and the Difference between the Sexes
There is no universally accepted definition of gender. The World Health Organization define gender as the economic, social and cultural attributes and opportunities associated with being male or female at a particular point in time. The Glossary of Gender-related Terms and Concepts define gender as the array of socially constructed roles and relationships, personality traits, attitudes, behaviours, values, relative power and influence that society ascribes to males and females on a differential basis. Whereas biological sex is determined by genetic and anatomical characteristics, gender is an acquired identity that is learned, changes over time, and varies widely within and across cultures. Gender is relational and refers not simply to women or men but to the relationship between them.
The English-language distinction between the words sex and gender was first developed in the 1950s and 1960s by British and American psychiatrists and other medical personnel working with intersex and transsexual patients. Since then, the term gender has been increasingly used to distinguish between sex as biological and gender as socially and culturally constructed. Feminists have used this terminology to argue against the ‘biology is destiny’ line, and gender and development approaches have widely adopted this system of analysis. From this perspective, sex is fixed and based in nature; gender is fluid and based in culture. This distinction constitutes progress compared with ‘biology is destiny’. However, it ignores the existence of persons who do not fit neatly into the biological or social categories of women and men, such as intersex, transgender, and transsexual people. Furthermore, for many people the sex categories of female and male are neither fixed nor universal, but vary over time and across cultures. Accordingly, sex, like gender, is also seen as a social and cultural construct. This research assumes that gender refers to males and females, and while aware of the debate of the existence of other sexes who are neither male nor female, those do not fall within the purview of this research. Besides, those are unrecognised and are taboo in Botswana, as indeed the whole of Africa.
WOMEN'S PARTICIPATION IN THE LEGAL PROFESSION IN FIRST WORLD COUNTRIES
The participation of women in the legal profession is remarkably uniform in the western industrialized nations (with a few notable exceptions). Since the 1970s women have entered in dramatic numbers, often accounting for all the growth in student enrollments and the profession. Because the profession has been growing, women generally have not displaced men or disturbed the male-dominated power structure. However, recent data demonstrate that the entrance of women has slowed the growth of the number of men (Curran, 1986).
Underemployment among lawyers also has increased. Women are disproportionately represented among those unemployed, employed part-time, and underemployed (Liefland, 1986). Women tend to earn less money than men in equivalent jobs. Perhaps most significantly, women and men are differently distributed across spheres of legal activity. Women are almost always found at the bottom of the professional hierarchy. Gender does not operate alone, however; occupational segregation is even greater when we add the variable of race and marital status.
WOMEN IN LEGAL EDUCATION IN FIRST WORLD COUNTRIES
Women began entering law faculties in large numbers in the late 1960s and early 1970s. The reasons differ from country to country: in the United States the Vietnam war and its accompanying social reform and protest movements and the loss of draft deferments by male students, everywhere in Europe the expansion of universities, in Germany the decrease in teaching jobs. However, most nations felt the effects of the international women's movement, postwar prosperity, and increased state subsidization of higher education (now declining in some countries, such as Great Britain) . While the proportion of women climbed rapidly in most countries, it has leveled off at 30 to 40 percent (although women constitute more than half of all law students in France, Norway, and Yugoslavia).
In the United States women were barred from many law schools until well into the twentieth century; Washington and Lee in Virginia was the last to admit them, in 1972. Women gained entry most easily in state universities in the West and Midwest and encountered maximum difficulty in the elite Ivy League schools of the Eastern establishment. In some cases they had to bring lawsuits; in others they mobilized the influence of sympathetic fathers and husbands. One of the greatest embarrassments to American legal education is the association of some of its leading figures with sex discrimination. Clarence Darrow thought that women were too kind to be good lawyers; Harlan Fiske Stone barred women from Columbia Law School for several years; Roscoe Pound and Erwin Griswold did the same at Harvard until Dean Griswold begrudgingly admitted them in 1950 in "small numbers".
Until the 1960s, women represented about 3 percent of American law students. By 1970 the percentage took its first leap forward to a little over 8 percent and then climbed steadily through the decade, stabilizing at about 40 percent in the mid-1980s. This rapid growth of women in legal education in the United States can be explained in part by the increasing number of available seats; throughout the 1960s and 1970s new law schools opened and others expanded enrollments. Since the mid-1980s national enrollments have decreased, some schools have closed (e.g., Antioch), and legal educators have begun to worry about shrinking enrollments and declining student quality. As expansion slowed, the number of male applicants to American law schools has actually decreased (0.1 percent a year since the 1970s), while female enrollment has increased at an average annual rate.
Similar patterns are found in other countries. In England and Wales, the number of male university law graduates increased at an average annual rate of 5.4 percent between 1967 and 1978, but the number of female graduates increased at 31.2 percent (rates at polytechnics were similar). In Canada the number of male students doubled between 1962/63 and 1980/81, while the number of female students increased twenty-four times. Women now represent approximately 35 to 40 percent of new entrants in virtually all provinces. There seems to be a higher proportion of women lawyers in French than in English Canada, which would parallel developments in Europe. These differences may be explained by the varying status of the profession across cultures.
In other jurisdiction such as Canada, women first won entry to the Canadian legal profession in 1895, but it was not until 1942 that legal barriers directed at preventing women from practising law were removed in all provinces The battle to gain entry to the exclusive profession of law took place on many fronts: in the courts, legislatures, public debate and media, and behind the closed doors of the law societies. Today’s legal profession in Canada is a contested one. Women have succeeded with large enrolments in law schools and growing representation in the profession. However, they remain on the margins of power and privilege in law practice. Women remain 9 under-represented in private practice and over-represented in government and among departures from the profession. Within private practice, women are more likely to work in large law firms or as sole practitioners than in small to mid-sized firm settings
A relationship between bar expansion and the influx of women has been observed in Australia, Canada, China, England, Germany, Poland, South Korea" and the United States. However, less well understood is whether this relationship is causal and, if so, its underlying mechanism(s). One causal story is that bar expansion weakens men's near-monopoly on job opportunities. According to the "gender queue" perspective, women enter the "job queue" and even begin moving ahead of less qualified men in this queue when an occupation expands beyond the point where demand for labour can be satisfied by qualified men
Addressing Gender Inequality in Botswana: Theories of Gender Equality
There are several theories that advocate for gender equality which include, inter-alia, Formal Equality Approach, Substantive Equality Approach and Non-subordination theory. The Formal equality approach is the principle that individuals who are alike should be treated alike according to their characteristics, rather than stereotype assumptions. This principle of formal equality can be applied either to single individuals, whose right to be treated on their own merits can be viewed as a right of individual autonomy, or groups, whose members seek the same treatment as members of similar situated groups. This is the same theory applied in the two major cases of the Attorney General v Unity Dow and Student Representative Council of Molepolole College of Education v Attorney General
While a formal equality approach judges the form of a rule requiring rule requiring that it treat women and men on the same terms without specific barriers or benefits due to their sex, a substantive equality approach looks to a rule’s results or effects. It points out that equal treatment leads to outcomes that are unequal because of differences between men and women. Advocates of substantive equality demand that the rules take account of these differences in order to eliminate the disadvantage they bring to women. Programs that are provided for women under the Women Affairs department are based on this theory.
Lastly, the non-subordination theory shifts focus from gender based differences to the imbalance of power between women and men. This perspective also known as dominance theory, makes the relevant inquiry not into whether women are like or unlike men, but whether a rule or practice furthers the insubordination of women. Correspondingly, similarities and differences between women and men are important under this theory, not as the inevitable givens to which the law must respond, but as social constructs designed to make one set of social arrangement seem more natural or legitimate than another. Non-subordination theory rejects the formal and substantive equality approaches on the ground that each approach maintains men as the reference point – the basic norm to which women are compared. As a result, women’s equality interest is limited to that which men have already defined to meet their own needs and does not extend to matters that might more nearly correspond to women’s needs.

Barriers to Gender Equality in Botswana
Following is the issue of legal practise and before proceeding further, it is important to be clear about what is meant, in this context, by the concept of "legal practice". Obviously "legal practice" involves the day-to-day administration of the law; in addition, it surely also involves the development of the law, whether in the courts or in Parliament. If this is accepted, it can be suggested that legal practice should be understood as comprising two conceptually distinct components: a "private practice" component and a "public policy" component. According to Tswana law and custom, case proceedings are held in the Kgotla before the Kgosi and any man is allowed to comment and advice the chief on what they think the law is or ought to be concerning any matter. While women are allowed to attend Kgotla case proceedings, they are barred by tradition from commenting on the proceedings at all, except as witnesses. Women are perpetual minors at customary law and have no locus standi in traditional Tswana courts. They cannot sue or be sued, accept through their husband, if married, or through the closest male relative, if unmarried.
The case of Tidimalo Jokase v Gaelebale Mpho Seakgosing and Another is a classic example of inequality between the sexes. The appellant was the widow of the respondents’ father, but the respondents were adopted by their mother’s husband. Following the dearth of their father (appellant’s husband), the respondents took appellant to the Tlokweng Customary Court claiming to be the rightful heirs of the deceased. But in doing so, they cited their deceased father’s brother as the defendant, but not the applicant, even though she had a substantial interest in the outcome of the matter. The respondents’ case was upheld by the Customary Court of Appeal, which ordered the eviction of the appellant from her home. Even though this decision was reversed by the High Court it clearly demonstrates the obstacles women have to deal with to overcome inequality.
As a matter of fact, male hegemony dictates that only a man can ascend to the position of chief in a Tswana tribal society, as chieftainship is passed to the eldest son of the chief. If he has no son, it passes to the nearest male relative, usually his younger brother. The result of this tradition is that not only are women excluded from proceedings in traditional courts of law, they are also regarded as being inadequate to partake, discuss and pronounce on matters of customary law. At the present moment, there is only two women chiefs leading some of the so-called ‘eight major tribes’ in Botswana, Kgosi Mosadi Seboko of Balete, and Kgosi Letsholathebe of Batawana. In fact, Kgosi Letsholathebe is a regent, only holding the post for her brother who has joined politics.
The simultaneous recognition of the customary law and human rights in the Botswana Constitution has resulted in a complex conflict between two different value systems. Proponents of customary law describe the Constitution, and particularly the human rights, as a largely Western document which is foreign to Africans and threatens the continued existence of customary law. Human rights activists on the other hand regard customary law as a patriarchal system and thus as a severe obstacle to the implementation of human rights.
The conflict between customary law and human rights arises mainly in the area of women's and children's rights. In the area of women's rights, the generally patriarchal nature of customary law, levirate and sororal unions, as well as polygyny and bridewealth (lobola) are said to be at odds with the concept of gender equality.
The tension between customary law and human rights, particularly women’s rights, has been the subject of a number of recent court decisions in Botswana. Since the common law courts are bound by the Constitution, and in particular the rights encapsulated in section 3 to section 15 of the Constitution, and at the same time have an obligation to apply customary law, they play a central role in resolving the conflict between customary law and human rights.
In spite of all these misgivings, customary courts in Botswana have not only survived but, in the last two decades, their role in the settlement of disputes has come to surpass even that of the modern courts that apply Roman-Dutch and English law. For instance, in 1998, two-thirds of the prison inmates in the whole country have been sent to prison by customary courts.
Barriers to Gender Equality in Customary Law
As it has already been stated, Botswana attained independence from Great Britain on 30th September 1966 after eighty years of colonial rule. The architects of Botswana’s constitution envisioned a nation free from discrimination in all its forms as provided for under Chapter II: Protection of Fundamental Rights and Freedoms of the Individual (section 3 to section 19) of the constitution. The liberal nature of Botswana’s constitution is a great departure from the unwritten customarily as it placed man and women in an equal footing, something at odd with Tswana tradition and custom. Liberal as it is, strong socio-cultural stereo-types and pressures operational in Botswana society has prevented women from venturing into the law profession in large numbers. By April 10th, 2015, of the 385 lawyers listed in the Botswana Law Society website as practicing law in Botswana, only 102 were women, representing a mere 26.5%.
Even for those who have ventured into the law profession, there are few opportunities for them to progress and assume or attain high ranking positions. A longstanding obstacle to equal opportunity involves the mismatch between characteristics associated with women and those associated with professional success, such as assertiveness and competitiveness. Women still face a longstanding double standard and a double bind. They risk criticism for being too “soft” or too “strident,” too “aggressive” or “not aggressive enough.” And what appears assertive in a man often appears abrasive in a woman. This, coupled with the usual Tswana cultural stereo types may explain why after nearly fifty years of independence there has only been one female Judge of the High Court in Unity Dow, only one female Attorney General in the incumbent Athalia Molokomme and two female speakers of parliament in the incumbent Gladys Kokorwe and immediate past speaker, Margaret Nasha. Women in the legal profession remain underrepresented in positions of greatest status, influence and economic reward.
In Tswana society, it is the women who are supposed to do house hold chores and look after the children. However, one of the greatest challenges for the law profession involves workplace structures that fail to accommodate a balanced life. The most obvious failures in are excessive hours and resistance to reduced or flexible schedules. Client expectations of instant responsiveness and total availability, coupled with lawyers’ expectations of spiralling salaries, have pushed working hours to new and often excessive levels, and the only thing that has not changed is the number of hours in the day. Unpredictable deadlines, uneven workloads, or frequent travel pose further difficulties for those with substantial family obligations. Even though there is no literature available to substantiate this, it is submitted that it may help explain why most women are put off studying law, or even if they do, they may choose not to practice as lawyers, may be forced to let opportunities pass-by in order to ensure stability of the family.
Another challenge facing female attorneys is that of spending time with and taking care of their families while maximizing their career potential. This challenge is one faced by women in all types of careers. "The average woman...will experience pregnancy about twice in her working career." Flexibility and support at work really help women achieve their professional and personal goals. Law firms benefit from part-time employees, beyond gaining a satisfied, happy, and fulfilled worker. Firms can save money using part-time attorneys because they tend to incur fewer overhead expenses, freeing up both office space and support staff. Law, a very strenuous career, demands a great deal of time from attorneys. Women bear the brunt of the responsibility for raising the children and taking care of the household. This shouldering of responsibility marks the greatest difference between male and female lawyers.
CONCLUSION
Findings from my analysis of data from eighty-six countries confirm that, from a global comparative perspective, a country's population of lawyers relative to its population-what I refer to as lawyer densityfundamentally conditions women's representation in its legal profession. Many countries around the world have achieved neither high lawyer densities nor high levels of lawyer feminization. They tend to be less developed and less urbanized. Indeed, 36 percent of all countries accounting for 61 percent of the world's population have reached neither a lawyer feminization threshold of 30 percent female representation nor a lawyer density threshold of 2,000 people per lawyer. Therefore, from a global perspective, the process of lawyer feminization has hardly begun. At the same time, however, countries that successfully crossed both thresholds increased from one in the 1970s (Uruguay) to almost half in the 2000s. In virtually every society, gender is a fundamental aspect of human identity and gender stereotypes influence behaviour at often unconscious levels. These stereotypes work against women’s advancement in several respects, even among individuals and institutions fully committed to gender equality. Botswana is no exception and women still face enormous barriers before they can be said to be equals in the legal profession.

Recommendations
Customary courts are the most accessible courts to which most Batswana go since they are available in every village, they are free, they have no technical procedures involved, cases are conducted strictly in the vernacular, and they dispose-off cases quickly. Hence their importance is not in question. However, cultural attitude must change and people be taught to accept women not only as chiefs, but even as hereditary chiefs.
Concerning the common law courts, the government and private employers must be encouraged to come up with pro-women programs, that is, positive discrimination. Where a men and a women are equally qualified for a specific job, the scale should tilt to a women, to increase their representation in higher position in the legal profession.
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[ 1 ]. D L Rhode, Women and the Legal Profession, American Bar Association Commission on Women in the Profession.
[ 2 ]. Botswana adopted her name when she became an independent state on 30th September 1966. This is after she had made proposals in 1964 to be independent. The country had previously been called Bechuanaland as a British protectorate. For her to gain the name Bechuanaland and status as a British protectorate the country had sought protection from Britain which was eventually given in 1885.
[ 3 ]. America, 1638 to the Present 181 (1986); Deborah L. Rhode, Justiceand Gender 20-23 (1989); Deborah L. Rhode, “Perspectives on Professional Women,” 40 Stan. L. Rev. 1163, 1166 (1988); In the Matter of Goodell, 39 Wis. 232, 244 (1875).
[ 4 ]. Women in the Legal Profession, 1970-2010: A Study of the Global Supply of Lawyers Ethan Michelson Indiana University Law School, emichels@indiana.edu
[ 5 ]. Foreign Jurisdictions Act, 1890 (53 & 54 VICT. CH. 37.)
[ 6 ]. Proclamation by His Excellency Sir Henry Brougham Loch, 10th June 1891, Administration of Protectorate
[ 7 ]. Proclamation of June 10th, 1891, s. 8.
[ 8 ]. (World Health Organization, 2001, Transforming health systems: gender and rights in reproductive health
[ 9 ]. www.un-instraw.org/en/index.php?option=content&task=view&id=37&Itemid=76
[ 10 ]. INSTRAW, Glossary of Gender-related Terms and Concepts
[ 11 ]. Moi, T., 2005, Sex, Gender and the Body, New York: Oxford University Press
[ 12 ]. Goldstein, J., 2003, War and Gender, Cambridge CUP, p2
[ 13 ]. Intersex people are born with some combination of male and female characteristics. Transsexual people are born with the body of one sex, but feel they belong to the ‘opposite’ sex. Transgender are those who feel they are neither male nor female, but somewhere in between.
[ 14 ]. Liefland, 1986
[ 15 ]. Sokoloff, 1987; Higginbotham, 1987
[ 16 ]. Neave, chap. 4, above
[ 17 ]. Abel. Richard L. 1982. 'The Underdevelopment of Legal Professions: Review Article on Third World Lawyers," 1982 American Bar Foundation Research Journal 871
[ 18 ]. See JaeWon Kim, Legal Profession and Legal Culture During Korea's Transition to Democracy and a Market Economy, in RAISING THE BAR: THE EMERGING LEGAL PROFESSION IN EAST ASIA 47, 52-53 (William P. Alford ed., 2007); Haesook Kim, The Avalanche Perspective: Women Jurists in Korea 1952-2008, 17 FEMINIST LEGAL STUD. 61
[ 19 ]. K.T Bartlett. Duke Journal of Law and Policy, V 1:1 1994
[ 20 ]. 1992 BLR 119 (CA)
[ 21 ]. GENERAL 1996 BLR 182 (CA)
[ 22 ]. MAHLB – 000661-10, Unreported
[ 23 ]. F Kaganas & C Murray `The Contest Between Culture and Gender: Equality Under South Africa's Interim Constitution' (1994) 21 J of Law & Society 409-433;
[ 24 ]. See ), Attorney General v Unity Dow, Student Representative Council of Molepolole College of Education v The Attorney General 1995 BLR 178 (CA),
[ 25 ]. Charles Manga Fombad. CUSTOMARY COURTS AND TRADITIONAL JUSTICE IN BOTSWANA: PRESENT CHALLENGES AND FUTURE PERSPECTIVES
[ 26 ]. D G Boko. Fair trial and the customary courts in Botswana: Questions on legal representation. Criminal Law Forum 11: 445–460, 2000.
[ 27 ]. www.lawsociety.org.bw