11/14/2014

LAW 439: Gender and the Law

Barriers to Gender equality in the Botswana Legal
Establishment: A Critical Analysis.

Student Name:
Student ID:
Course Instructor:
Course Code:
Course Name:
Department:

Tshephaone Reasentse
201104855
Dr. Nico P. Swartz
LAW 439
Gender and the Law
Law

TABLE OF CONTENTS
INTRODUCTION ........................................................................................................................................ 2
PART I: HISTORICAL BACKGROUND AND LEGAL STATUS OF WOMEN IN THE
WORKFORCE ............................................................................................................................................. 2
PART II: DISCUSSION AND ANALYSIS................................................................................................. 4
1.

Feminist Perspective on Womens Access to Legal Education......................................................... 4

2.

Botswanas Legal Education ............................................................................................................ 5

3.

Women in Legal Practice.................................................................................................................. 6

4.

Legal Status of Women and Development......................................................................................... 7

5.

Characteristic and Communication Differences between Men and Women..................................... 7

6.

Barriers to Entry to Legal Practice .................................................................................................. 9

7.

The gap in wages .............................................................................................................................. 9

8.

Power and privilege in practice........................................................................................................ 9

9.

Job satisfaction ...............................................................................................................................10

10.

Departures from practice............................................................................................................ 10

11.

Equality and opportunities.......................................................................................................... 11

12.

Sexual harassment and sexual harassment policies.................................................................... 11

13.

Family responsibilities and accommodation in the workplace...................................................11

PART III: CONCLUSION .........................................................................................................................12

PART IV: WAY FORWARD.....................................................................................................................12
PLAGIARISM DECLARATION...............................................................................................................13
REFERENCES ........................................................................................................................................... 14

INTRODUCTION
The issue of gender inequality is ubiquitous across the globe, even in more developed countries
such as the United States, Britain, Canada women are still faced with challenges of equality in the
workplace, Feminists argued that this is a result of unequal power relations between men and
women. African states such Botswana, Zimbabwe are still faced with similar problems The
Botswanas woman struggle for political space must therefore be seen as part of global history to
the struggle to widen the boundaries of democracy. Supplementary, either individually or
collectively, women from different social backgrounds address various concerns through, among
other ways, forming organizations to mobilize resources and pursue gendered interests on their
own behalf because collective voice of many is better than one thus the need for these
organisations. The government of Botswana is faced with many challenges that need to be
addressed for the effective and efficient implementation of the various processes to make financing
for gender equality and the empowerment of women a reality. More funding and human resources
are required in order to change the negative perceptions of the public on issues of gender equality
and the empowerment of women at all levels This essay has four parts viz; the 1st part will provide
a historical background of women in the workforce and legal practice, 2nd part an in-depth analysis
of women in the legal profession, access to legal education, work conditions of women in law
firms, 3rd part the conclusion of the overall findings and the penultimate, 4th part, a way forward
or solutions to overcoming barriers of gender equality in the Botswana legal establishment.
PART I: HISTORICAL BACKGROUND AND LEGAL STATUS OF WOMEN IN THE
WORKFORCE
In both precolonial and Western forms of schooling, education was a crucial medium of
construction and articulation of ideas concerning the role and behaviour of women. Precolonial
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
2

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
(Malefa, 1997).
However, the Botswanas woman struggle for political space must therefore be seen as part of
global history to the struggle to widen the boundaries of democracy. At the start of the Botswana
women campaign against the 1982 Citizenship Amendment Act, however, this issue was not
articulated specifically in political terms. Rather, it was seen as a single issue in which a supposedly
liberal principles (i.e. equality and fundamental human rights and freedoms) on which its
constitution was based. To that end the problem was seen from a reformist perspective as a matter
simply drawing attention to the contradictions and having the offending law amended. The
resistance of the law-making establishment to this seemingly straightforward appeal for reform
has had far-reaching consequences for both the womens movement and state of politics in
Botswana. For one thing it had led to radicalization of the womens movement and a shift to an
overly political agenda in some of the womens organisations. (Edge & Lekorwe, 2012).
Supplementary, either individually or collectively, women from different social backgrounds
address various concerns through, among other ways, forming organizations to mobilize resources
and pursue gendered interests on their own behalf (Ngwenya, 2009).
In addition, the Young Womens Christian Association (YWCA) which was established in
1992 is the earliest recorded womens civil society organization in Botswana. The Botswana
Council of Women was established immediately after independence. Both were welfare
organizations primarily involved in providing training and education for women. Neither of these
organizations has taken an active role in criticizing government policies, but rather served to
complement existing welfare programmes with specific emphasis on women. The Women and
Law and Southern Africa Research Project (WLSA) was established in 1988 at a conference
in Harare by a group of lawyers concerned with the legal status of women. The Project
identified and discussed gaps in previous research in the legal status of women, identified
methodologies and methods relating to womens legal, political, economic and social status.
In later years the name of the organisation was changed to Women and Law in Southern
Africa Research and Education Trust, to signify increased emphasis on advocacy through
3

legal education and law reform. Gender experts like Mookodi (2005) was of the view that,
Emang Basadi and the Botswana chapter of WLSA came to form an effective front clamouring
for legal review of laws on the status of women. While it can be argued that the dual legal
system provides a certain degree of choice, the practice of the two systems can at times be
contradictory the consequences of which have implications for various groups of women in
Botswana. She further illustrated that, gendering of development by the Botswana state has
been characterized by integrative rather than transforming processes. This stance can be
regarded as safe, as it does not effectively challenge those aspects of womens status, as well as
their roles in society intact, precluding any holistic challenge to the patriarchal status quo
(Mookodi, 2005).
Similarly in other jurisdictions like Zimbabwe, The presence of women in sustainable
environmental development has been largely overlooked until of late when the government and
development organizations have recognised the roles of women in the process of rural
development. Women's primary responsibilities such as food preparation, water and fuel wood
gathering, agricultural production and child rearing, make them suffer most from loss of natural
resources (Maneya, 1996). In most African states the legal establishment of women ex facie is not
firmly rooted in the sense that some African countries are still lagging behind in providing legal
education to women.
PART II: DISCUSSION AND ANALYSIS
1. Feminist Perspective on Womens Access to Legal Education
Feminist research on legal education in the United States has sought to establish that, despite
similarities in the experiences of all law students, female students confront some unique ordeals
and dilemma The history of academic legal education is most commonly associated with the
establishment of the Harvard Law School. The idea that gender difference exists, that it matters,
is by no means new in the legal terrain. Western philosophical and legal thought is informed and
characterized by dichotomous paradigms that are traceable to the patriarchal assumption that
"the male is by nature superior and female inferior. As de Beauvoir put it, "humanity is male
and man defines woman not in herself but relative to him....He is the subject, He is the
Absolute, she is the Other." This assumption historically found particular expression in systematic
sex role restrictions that arrogated public power and authority to men and relegated the activities
of women to the private sphere (Obiora, 1996). Similarly, Chief Justice C. J. Ryan of the
4

Wisconsin Supreme Court opposing admitting Lavinia Goodell to the bar, stated that 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 Though the practice of the criminal
law occasionally may be coarse, this decision reflects the images and stereotypes that associate
the law with masculinity. These images were used to justify the virtual exclusion of women from
the prestigious and powerful legal profession in the United States until the 1970s (Martin, 2006).
2. Botswanas Legal Education
In the context of Botswana legal education starts with the acquisition of the Bachelor of Laws
(LLB) from the University of Botswana. To be admitted into the LLB degree programme of the
University, the applicant must meet on of two entry requirements. S/he must be the holder of the
Botswana General Certificate of Secondary Education (BGCSE) obtained at one sitting, with a
minimum of five credits, one of which must be in the English language and at our time academic
year 2011/12 an applicant should have at least an A or better in English language thus making the
bar extremely high. The LLB Degree programme is of five-year duration during which period
students are expected to take some thirty-six and eight optional law courses. The programme is a
combination of academic and professional education and a significant part is taken up by
instructions in lawyering skills in the Clinical Legal Education component of the programme. The
latter component requires them to work in the legal clinic, where they encounter real-life cases
under the supervision of a coordinator and designated staff members, participate in moot/mock
trials and do an eight-week internship with a legal firm. On the successful completion of the LLB
degree, the graduate qualifies to be admitted as a legal practitioner provided he fulfils certain legal
requirements set out under the Legal Practitioners Act of 1966 (Fombad & Quansah, 2006).
As for enrolment of students into the university of Botswana, it should be noted that the LLB
Degree falls within the ambit of social science thus under Faculty of Social Sciences. Interestingly,
from a gender perspective statistics exhibits that over the years there is an increase in the number
of females enrolled at the university. In the academic year 2010/11, the University of Botswana
enrolled 8797 females and 6934 males, in 2011/12; 9725 females, 7953 males, 2012/13; 10546
females and 8171 males. It appears from this statistics that from the previous years there are more
female students enrolled than male student. Notwithstanding this fact, it is unfortunate that there
5

is no statistics to show the number of females enrolled in LLB Degree program but, what can be
said is that since the law programme is in social sciences it would be fair to say that there are more
female student than male students in the faculty of social sciences; 2010/11, 1656 females, 959
males, 2011/12, 1679 females, 1048 males, 2012/13, 1662 females, 951 males (Fast Facts,
2012/13).
3. Women in Legal Practice
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. The bulk of new
law is the result of the legislation enacted by Parliament. Changes in procedure and mechanisms
for the delivery of legal services are also to a considerable degree the result of policy initiatives
started within government. Any realistic definition of "legal practice" should therefore also
include a recognition of the "public policy" component involved in those practices of the law
which lead to its development. First, in terms of the day-to-day administration of the law, the role
of the private legal practitioner is clearly still predominant. Apart from any other consideration,
there are far more practitioners than academics. The bulk of day-to-day lawyering is, quite
properly, still undertaken by lawyers in private practice (Partington, 1988).
As illustrated above it is evident especially in the context of Botswana that there are few female
Parliamentarians and (Nasha, 2014) the former speaker of the National Assembly elucidated her
experiences and challenges she faced as a women in the position of speakership. She further
discussed why there was a need to form Botswana Caucus for Women in Politics. This was an
organisation for women politicians across the political divide, and who at that point in time, were
active in politics as party activists, councillors or parliamentarians. This caucus was of the view
that failure by women to climb the political ladder was not peculiar to any one political party in
the country. It was a problem for all women irrespective of their political affiliation. During the
9th Parliament which ran from 2004 to 2009 had seven female MPs and in 2009 elections the
number of elected female MPs dropped to a lousy two and we could see that Botswana has a long
way to go to have at least a quarter of women in parliament. In a conference meeting wherein Hon.
6

Matlhabaphiri gave a presentation on the status of Botswana had to say this Chairperson, there
are many challenges that need to be addressed for the effective and efficient implementation of the
various processes to make financing for gender equality and the empowerment of women a reality.
More funding and human resources are required in order to change the negative perceptions of the
public on issues of gender equality and the empowerment of women at all levels (Matlhabaphiri,
2008).
4. Legal Status of Women and Development
Whilst much of the discourse around the successes and failures of development has focused
of economic welfare, little attention has been devoted to the interface between the legal status
of women, and development. The process of gendering African development has taken
various forms in different countries spanning two or even three decades.

Much of the

engendering process has been situated within state machineries framed within the
international

policy-oriented

Women

in

Development

(WID)

and

later Gender and

Development (GAD) perspectives. Within that context, the gendering process in Botswana can
be regarded as state-interventionist directly affected by state prioritised developmental agenda
which placed great emphasis on the westernisation of social and production relations. Dr.
Mookodi (2005) argued that the status of women in the Botswana developmental state is
characterized by two parallel trajectories: the first being the state-based gendering development
frameworks which fostered integration and participation, and the second being that of
legal reform on the status of women in Botswana which has taken a more transformative
stance (Mookodi, 2005).
5. Characteristic and Communication Differences between Men and Women
The proactive side of the law is described by Nancy as being concerned with avoiding litigation
and protecting the client from risk of loss in the case where litigation is unavoidable. Some women
may prefer this type of law because it draws on the skills which are perceived to be typically
possessed by women. The reasons why a woman may prefer a participatory model of interaction
with her clients may originate from some of the historically, culturally, and societally perceived
differences between men and women. Cooperation, accommodation, nurturance, and a tendency
to avoid confrontation rank as perceived characteristics of historical and cultural models of
femininity. The finding that society has taught women to view things in terms of relationships and
to understand events contextually supports the idea that women may prefer a legal environment
7

which has a basis in shaping relationships and getting to know the client and the client's overall
needs. One of the biggest challenges facing female attorneys comes not from specific acts of
hostility or discrimination, but rather from the overall climate of the law firm. The firm climate
can often be the deciding factor in determining whether women feel they are successful in their
careers. Several women mentioned feeling as though they were somehow less of a lawyer than
their male counterparts as a result of the attitudes of their law firms (Hagen, 1999).
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. One of the challenges facing female attorneys is that
of being left out of office support systems which encompass much of the learning and training
which goes on from day-to-day. Although women benefit from having a mentor relationship, it
does not seem as though many women partners are actively engaged in mentoring other women.
One reason for this may be the relative powerlessness of women partners when compared to male
partners. Law firms can rewrite their policies concerning issues which matter most to women to
make certain that the policies themselves, as well as the way in which they are applied, present
equal opportunities for success and achievement to both women and men (Hagen, 1999).
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. Todays 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
8

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 (Kay & Brockman, 2000).
6. Barriers to Entry to Legal Practice
Research (Kay & Brockman, supra) suggests that women continued to experience sexual
discrimination and disadvantage in their applications for articles and initial jobs. As the statistics
had shown in a research conducted by Walklate, (2004) suggest that criminal justice work is largely
mens work. Even though the ratio of men to women varies between policing, probation, the Crown
Prosecution Service and the judiciary, it nevertheless remains the case that criminal justice work
is primarily mens work. It is unfortunate that there is few researches conducted in Botswana to
address this issue therefore to contextualize it, I will use Canada as a case study to illustrate the
discrepancies between men and women hitherto.
7. The gap in wages
In the case of Canada, studies of salaries among Canadian lawyers demonstrate that substantial
gender differences exist. A five-year follow-up study of the 1974 graduating class of Ontario law
schools reported that women graduates earned on average about $3,000 a year less than their male
counterparts Only part of the gap in wages is explained by womens lower representation in private
practice, the more lucrative sector of law practice. Other studies suggest that the wage gap between
women and men cannot be explained by womens distribution across sectors of the profession,
specialisation within certain areas of law, nor by womens lower levels of experience or seniority.
For example, Hagans 1985 study of Toronto lawyers found that more than one quarter of the
difference in earnings of men and women lawyers could conservatively be attributed to gender
discrimination. Taking into account specialisation, years of experience, law school, ethnicity, and
employment context, there remained a significant difference in the earnings of men and women.
In particular, men gained higher returns from elite education and years of experience in practice
than women. In a 1998 study of bar admission students, Kay and colleagues found significant
differences in the earnings of men and women during the articling phase (Kay & Brockman, 2000).
8. Power and privilege in practice
Even when women lawyers have gained entry to the privileged circle of partnership and higher
salaries, they may not be accorded the authority, autonomy, and decision-making power of their
equally senior colleagues. More recent studies confirm that women continue to occupy lower
9

positions of authority and autonomy in law practice, with less opportunities to participate in critical
policy-making decisions or to supervise other lawyers (Kay & Brockman, 2000). In my opinion
this is evident in Botswana, there are relatively few women in Botswana if not none who own law
firms and in most cases they are associates not owners of law firms.
9. Job satisfaction
Studies of job satisfaction among lawyers in Canada reveal some subtle and intriguing gender
differences. For example, Brockmans study of former British Columbia lawyers shows that
women reported lower levels of satisfaction than their male counterparts with remuneration, hours
of work, and job security in law practice. However, women were significantly more likely to
express less satisfaction with parental leave arrangements and job security. Women were also more
likely to apply for new jobs and to leave their existing job if a good position became available
(Kay & Brockman, 2000) In an interview with some of the public prosecutors from Director of
Public Prosecutions (DPP) Female prosecutors expressed different views and generally their job
satisfaction is low because of low remuneration or income level which are at government salary
scale of C3 which is roughly (P8000-13000). Most of them expressed concern on part of the
management of the DPP, in some cases there may be lack of transport, say when they have to
appear in court be it at Lobatse, Village Magistrate court so, some resort to transporting themselves
with their vehicles at their own expense to appear in courts which they presumed it no appealing.
10. Departures from practice
The history of women entering the Canadian legal profession is not complete without examining
the rate at which women leave the profession. In January 1990, the attrition rate for lawyers called
to the Bar in British Columbia between 1974 and 1988, was 22% for women, and 13% for men.
However, the absolute number of men (523) who left during that time period was higher than the
number of women (322) (Brockman, 1992c, p. 59). Among the more commonly reported reasons
for leaving law were the lack of flexibility offered by law firms, hours demanded by practice, child
care commitments, and the stressful nature of work. Men were substantially less likely to cite
demanding hours, child care or inflexibility in work arrangements as reasons for leaving law and
were more likely to mention the desire to use different skills. In explaining their departure from
law practice, women were more likely to cite family responsibilities and general dissatisfaction
with the practice of law, while men were more likely to cite improved employment opportunities.
When women do break through the glass ceiling to positions of seniority and status, they are
10

awarded less authority and autonomy than their male colleagues. Womens satisfaction with law
practice is, perhaps, more of a curiosity, suggesting that women may consider different criteria in
assessing the quality of their job and work setting. Similarly in Botswana the rates at which lawyers
in law firms seldom is regulated, there are variations in payment thus some work in interim basis.
11. Equality and opportunities
Efforts to reduce gender bias and discriminatory treatment of women in the legal profession have
involved court-enforced legislation of human and civil rights and the creation of duties of nondiscrimination through professional codes and rules of conduct yet, some scholars contend that
womens challenges to discrimination might better be served through highly publicised court
cases. The most evident landmark case in Botswana is that of Unity Attorney-General V. Dow1 of
1992 which was about discrimination of women based on sex thus award of citizenship to married
man as opposed to married women by foreign citizens was viewed as ultra vires the constitution
of Botswana. Following the succession of this case demonstrated how women in Botswana are
oppressed.
12. Sexual harassment and sexual harassment policies
Sexual harassment has been documented as a significant obstacle to womens abilities to develop
their careers in the practice of law. Sexual harassment continues to be a disturbing problem in the
legal profession. In response to the numerous reports across Canada identifying sexual harassment
and discrimination as barriers to womens equality in the legal profession, many of the law
societies introduced rules prohibiting such behaviour and defining it as professional misconduct
(Kay & Brockman, 2000). Botswana is no exception, victims of sexual abuse in the workplace is
quiet disturbing even though it is not reported simply because of the fear to lose the job. In most
instances women would rather prefer to deal with it inwardly than to report their seniors to the
police.
13. Family responsibilities and accommodation in the workplace
Across Canada, women report a lack of accommodation in law practice for family commitments,
a lack of flexibility to work on a part-time basis, and a lack of adequate maternity leave
arrangements. Women lawyers with children are discriminated against through the lack of
accommodation in the profession, and this results in reduced incomes and fewer opportunities for

1992 BLR 119(CA)

11

advancement. The development of alternative working patterns to accommodate family life is

primarily the burden of womens individual efforts at negotiation and decision-making, with
consequences for their remuneration and career advancement.
Through continued pressure on the governing bodies of the legal profession (law societies) and the
leaders of law firms and other organisations that employ lawyers, it is possible to achieve
innovative workplace arrangements to scheduling time and organisation of legal work, the creation
of improved family supports, and effective deterrence against discriminatory practices (Kay &
Brockman, 2000). The Botswana Law Society is addressing this issue to accommodate women in
legal practice. Further efforts has been advance as maternity leave for women in general is
compulsory.
PART III: CONCLUSION
As illustrated from above literature has exhibited the challenges faced by women particularly those
in Legal Practice be it attorneys or advocates. Moreover these challenges are almost invariable
across the globe therefore Botswana as a proponent for the rule of law and value the constitution,
the government has done quiet handful on issues of gender and discrimination against women.
Women from different social backgrounds address various concerns through, among other ways,
forming organizations to mobilize resources and pursue gendered interests on their own behalf and
this has been a success, Emang Basadi and the Botswana chapter of WLSA came to form an
effective front clamouring for legal review of laws on the status of women, the trend we are
seeing is there is more women in legal practice, more girl students pursuing the LLB Degree
programme at the University of Botswana lastly some Magistrates, High Court and Court of
Appeal Judges. The battle for equality of women both in the work place and legal practice is far
from over but the best remedy that is attainable is that of consultation between women
organisations and the government as there is a saying that necessity is the mother of invention.
PART IV: WAY FORWARD
The government should now ensure the establishment of support mechanisms in place that would
create a work friendly environment for women. By and large employers are reluctant to employ
women in the workforce simply for the stereotypical reason of the loss that the company or law
firm may incur e.g. maternity leave, staff replacement and inconveniences that follows. More
public education is paramount and law firms should embrace the differences between men and
12

women by ensuring that policies employed by such are to a larger degree favourable to female
lawyers. Women organisations should also assist the government where is a need because should
this be a success, the likelihood of women ascending to high positions such as those of Parliament,
Judges would be extremely high and ex-facie Botswana is doing very well although at a snails
pace better than its neighbouring countries such as Zimbabwe. South Africa is the leading example
and Botswana should follow suit.

PLAGIARISM DECLARATION
I

_____________, the author of this paper do hereby acknowledge that the

Tshephaone Reasentse

contents and information contained therein were compiled and analysed by me thus any other
information forming part of this report are/were cited where necessary to acknowledge other
authors from whom I referred to. Any deceiving information or content provided thereof despite
this declaration shall be subjected to the provisions provided therein the University of Botswana
Academic Policies and upon perusal whether in full or partial, plagiarized content of this paper
shall result to a failing grade by the instructor.

14th

November

2014

Submitted on the __________Day of _____________ month, _______________ year

Authors Signature:

______________________

13

REFERENCES
Edge, W. A., & Lekorwe, M. H. (2012). Botswana: Politics and Society. Pretoria: Van Schaik
Publishers.
Fast Facts. (2012/13). University of Botswana Pamphlet, 1-11.
Fombad, C. M., & Quansah, E. K. (2006). The Botswana Legal System. Durban: Lexis Nexis.
Hagen, K. (1999). An Essay on Women and Intellectual Property Law: The challenges faced by
Female Attorneys Pursuing careers in Intellectual Property . Santa Clara High Technology
Law Journal, Vol. 15, No. 1, 140-198.
Kay, F. M., & Brockman, J. (2000). Barriers to Gender Equality in the Canadian Legal
Establishment. Feminist Legal Studies, 169-198.
Malefa, L. (1997). Competing Gender Ideologies: A Conceptual Framework for the Analysis of
Education amongst Batswana of Botswana, c. 1840-c. 1994. Pula Journal of African
Studies, Vol. 10, No.1, 1-13.
Maneya, E. (1996). A review of Gender and Environmental Sustainability: Strategies for
Sustainable Development in Zimbabwe. Pula: Botswana Journal of African Studies, Vol.
10, No. 1, 1-13.
Martin, E. (2006). Chapter 5, Women Entering the Legal Profession, Change and Resistance. 107130.
Matlhabaphiri, G. U. (2008). Botswana Country Statement. 52nd Session of the Commission on
the Status of Women (pp. 1-2). New York: Botswana Government.
Mookodi, G. B. (2005). Situating the Legal Status of Women in Development Processes: The case
of Botswana. 11th CODESRIA GENERAL ASSEMBLY, (pp. 1-16). Maputo.
Nasha, M. N. (2014). MADAM SPEAKER, SIR! Breaking the glass ceiling; one woman's struggles.
Gaborone: Diamond Educational Publishers (Pty) Ltd.

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Ngwenya, B. N. (2009). Configurations of Women-centred Organisation in Contemporary

Botswana. Botswana Notes and Records, Vol. 34, 91-106.
Obiora, L. A. (1996). Neither Here nor There: Of the Female in American Legal Education. Law
and Social Enquiry, Vol. 21, No. 2, 355-432.
Partington, M. (1988). Academic Lawyers and 'Legal Practice' in Britain: A preliminary
Reappraisal. Journal of Law and Society, 374-391.
Walklate, S. (2004). Gender, Crime and Criminal Justice. Devon: Willan Publishing.

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