Heavens May Fall

Naldei Chaba is a lawyer who works for the Bana-Bantle Children’s Agency in Botswana.  The agency has long since expanded from  the rights of children. They also assist women who have to navigate Botswana’s legal system.

There is the rape of a 13-year old mute girl.  Naleda tries to fight the prosecutor’s feelings that as the girl cannot talk she cannot give evidence.   How about the American woman pestering Naleda wanting to sue the local hospital for giving her the wrong tablets, causing her to wet herself on safari ? A perfect illustration of old meeting new is the case of  a woman seeking an injunction to force her husband to have a ritual cleansing because his mother has sent a "thokolosi" (A thokolosi is similar to an evil spirit)  to repeatedly rape her of a night.  The husband is refusing because he cannot believe his mother would do such a horrible thing and he wants a divorce. Which will prevail?  Old customary law that decrees that the husband must undergo the cleansing or common law which doesn't recognize the existence of thokolosi?