The gender gap in Botswana’s judicial caning

AMANDA DAVID

editors@thepatriot.co.bw

Botswana’s constitution is said to be gender neutral, guaranteeing equal protection under the law, yet a clause in the Penal Code under the Customary Courts Act still allows judicial caning for men only. The law that permits caning presents an undeniable gender gap which excuses women from a punishment that men can receive for the same offences- a double standard that undermines the rule of law. 

The Customary Courts Act reads (1) Subject to the provisions of subsections (2), (3) and (4) and section 21 and to the provisions of any other law for the time being in force a customary court may sentence a convicted person to a fine, imprisonment, corporal punishment or any combination of such punishments but shall not impose any punishment exceeding those set out in its warrant. (2) No customary court shall sentence any female or any person who is, in the opinion of the court, of the age of 40 years or over to corporal punishment.