Maclos Bapati

o itse mang o jolang le married man mo hooding ya lona🥱buwa hela post e ke yame😂

Customary Law in Botswana

Traditionally, a child “belongs” to the father’s family line (patrilineal system). This means that:

If the child dies, burial normally takes place in the biological father’s village, not the stepfather’s or the mother’s.

However, if the father has rejected the children, abandoned them, or not played any role, then the maternal family may claim the right to bury them.

3. Special Circumstances

If the mother remarried and the stepfather took full responsibility (like fathering the children in every way), the family may agree to bury the child at the stepfather’s home village.

But if the biological father and his family demand the burial rights, Botswana customary courts normally favor the biological father’s side.

If the children were legally adopted by the stepfather (through court), then they become his children in law, and he decides the burial place.

4. Practical Reality

Disputes over burial are common in Botswana. When families disagree, the case is often taken to a Customary Court (kgotla) or, in bigger disputes, to the High Court.

The court looks at:

Who has parental rights (biological or adoptive father).

Who raised and supported the child.

The child’s known wishes (if they were old enough)

So ATI had a wish to be buried next to his grandmother