Attorneys laud Kirby over marital rape ruling

Members of the Botswana Attorneys Desk (BAD) have applauded Court of Appeal (CoA) Judge President Ian Kirby for the judgment he delivered in 2008 in which he declared marital rape a prosecutable offence in Botswana.

BAD is a Facebook forum for lawyers in Botswana to debate, interrogate and discuss matters affecting the life of law and its institutions in Botswana and take necessary action. It has more than 200 active members. "I have always been aware of this decision and I thought the issue was settled at common law. Maybe I was naive. Many of us accept that Kirby  is a decent judge. This decision does not prejudice the executive at all. It's a pleasing judgment for gender equality. He has delivered for some of us here," commended Tshiamo Rantao.

Another BAD member who goes by the name Odey Odada Riley said the decision is commendable. "Why was this decision met with so much silence at the time?" wondered Riley. In response, Gosego Rockfall Lekgowe said: "conspiracy by husbands? Or lukewarm jurists of the time?"

Editor's Comment
Closure as pain lingers

March 28 will go down as a day that Batswana will never forget because of the accident that occurred near Mmamatlakala in Limpopo, South Africa. The tragedy affected not only the grieving families but the nation at large. Batswana throughout the process stood behind the grieving families and the governments of Botswana and South Africa need much more than a pat on the back.Last Saturday was a day when family members said their last goodbyes to...

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