10 Jun 2015

Cultural traditions form an integral part of society since they transmit shared values and beliefs from past generations.

However, these values and beliefs had, in some instances, proved to be a stumbling block to law enforcement.

The Botswana Police Services served different ethnic groups around the country, and this brought many challenges as they dealt with people from different backgrounds, cultural beliefs and practices, some of which were incompatible with the country’s justice system.

Giving a presentation as part of the community policing forum at the just ended Zhizha cultural festival at Marobela recently, Constable Mooketsi Malibala of Tatitown Police Station informed the audience that though people should be allowed to celebrate their culture, they needed to ensure that the cultural practices they follow are compliant with the laws of the country.

Constable Malibala a number of cases which the police have had to deal with as a result of cultural practices which were not legal.

For instance, he said some Batswana continued to consult traditional doctors to administer traditional medicine to commit the crime of abortion even though it is illegal to do so.

“This is crime and challenge to the police service because the rights of the unborn babies are violated,” he noted.

For some ethnic groups, he highlighted that even if abortion was legal, modern medicine was taboo because of traditional beliefs.

Batswana, like many African societies, are patriarchal as men are still look upon as heads and providers of their families, he said. 

This, he observed, meant that they have power over women and children and some tended to use this power to force women to do things against their will, especially engaging in non-consensual sex (marital rape), which in most case is not reporteddespite being a criminal offence.

The silence, he added, was influenced by cultural traditions which forbid a married woman to disclose her internal marital affairs and trials outside the home. 

This, he asserted, is promoted by the Setswana saying that mosadi o tshwanetse a itshokela mathata otlhe a lenyalo.

He also highlighted that culture could also be harmful to children, especially step children who usually were abused and the cases not reported to law enforcement officials.

Violence, Cst Malibala said, was also intergenerational as it continues from childhood to adulthood.

“Men are culturally above everybody in the family and as such some of them impose decisions in the family using violence,” he added.

These cultural beliefs, he mentioned, made it difficult for the police to advocate and protect victims, and as a result, women and children remained vulnerable to domestic and gender based violence.

In addition, Cst Malibala explained that some Batswana ethnic groups had a cultural practice where young teenage girls became victims of defilement because their culture dictates that they can get married while they are still underage.

This, he highlighted, is against the laws of Botswana but noted that the practices remain unreported which makes it difficult for the police to apprehend the perpetrators.

Some children, Cst Malibala asserted, are betrothed even before they are born and are not given a chance to enjoy their youth as marriage is imposed on them.

On other issues, he explained that language was a big hindrance in fighting crime amongst communities that hold dearly to their cultural traditions.

He added that while language should ease communication, in some communities it has proven to be a barrier to law enforcement as culturally there are some words which are not supposed to be uttered in public as they are considered distasteful.

“This goes to the extent that some people can’t report cases of the use of insulting language because they can’t repeat the words said by the accused persons,” he asserted.

However, Cst Malibala highlighted that though culture presents some impediments to policing, the police appreciate the contribution of some cultural practices towards fighting crime in communities.

For instance, he explained that the Kgotla has become an important area where traditional leaders enforce law and order in their respective villages.

Also, he noted that cultural gatherings are now being used for public education by community policing officers.

“There are some cases which are tried through customary law, especially family disputes.” Corporal punishment, a cultural practice of punishing offenders, he said, has been used positively by traditional leaders and the police service to rehabilitate them.

Initiation practices such as bogwera and bojale, he explained, have been used to mould responsible citizens who make policing easy.

Cultural festivals, he added also play a crucial role in keeping the youth away from crime as they spend most of their time engaged in preparations. ENDS