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 Some argue that codifying the folk law is likely to limit the diverse cultures that run across Botswana society. Proponents say it would be a way of preserving Setswana culture.During his presentation at the on going workshop for chiefs at Gaborone Sun yesterday, University of Botswana lecturer, Dr Godfrey Radijeng, argued that codification would create easy access to information for the younger generation. "It is sad that even the High Court Judges still depend on Isaac Schapera's book on customary practices, but that book is more than 70 years old," he said. Radijeng said because the laws are not codified, a researcher has to travel from one place to another to collect information, which is expensive. He said the chiefs would have guidelines when administering justice unlike the current practice where they depend on values that they learn from their forefathers, often transferred by word of mouth. He further argued that codification could help people to correct mistakes of the past. "Now if we fail to codify, we are likely to repeat the same mistake over and over again," he said. Despite the practices that vary from tribe to tribe, customary laws could be harmonised, he said. Kgosi Seepapitso agreed that it was important to codify the laws to avoid cultural extinction. He said his initiatives were frustrated as he was told that he was wasting government resources. Tatitown court president, Margaret Mosojane agreed that codification would create access to information. She said customary law should be codified so that the younger generation of judicial administrators should have a reference point. But the Deputy Attorney General, Abraham Keetshabe, disagrees believing that codification of customary laws would bring unnecessary limitations. He said codification would bring complications as cultures differ from tribe to tribe. He stressed that when customary laws are put to use, the culture of that particular person should be considered. "Customary law is restricted to a particular tribe as defined, accepted and practiced by that particular tribe. Logically, customary law will differ from tribe to tribe," he said. He stressed that it should however be compatible with the written law and should not be contrary to morality, humanity or natural justice. On limitations of duties of chiefs, Keetshabe said that estates of a wealthy tribesman fall outside the jurisdiction of chiefs. They cannot be administered under customary law. But the chiefs may preside over cases of inheritance regardless of its value. The customary court may not listen to divorce cases in marriages that occur outside the customary law. However, they may be assigned to carry out the instructions of the High Court regarding estates that fall out of their jurisdiction. "The High Court often delegates that to chiefs because they execute that excellently," he said. The Minister for Presidential Affairs and Public Administration, Phandu Skelemani too, opposes the codification of customary laws. He believes it could create unnecessary limitations and complications since culture varies from time to time. Œ
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