*2000 divorces flood the courts as marriages crumble
*Chief Justice handles around 30 divorce cases weekly
Marriage appears to be losing its grip in Botswana as wedding wows increasingly expire long before death does the couple apart.
From cheating partners and money troubles to constant conflict and broken trust, relationships across the country are cracking under pressure, leaving the High Court flooded with couples eager to exchange wedding rings with freedom papers.
According to Chief Justice Gaolapelwe Ketlogetswe, more than 2,000 divorce cases are pending before the Gaborone High Court. He recently revealed that the establishment of a specialised Commercial Court, staffed by expert judges, is expected to ease the burden on the judiciary by handling business disputes, allowing other judges to focus on criminal and matrimonial matters.
Court authorities have since reported significant progress. Last month alone, 91 divorce matters were placed before the Chief Justice, with most of them now nearing completion.
The High Court currently hears between five and eight divorce cases daily, translating to roughly 30 matters every week as part of efforts to reduce the backlog.
On Monday, five couples appeared before Justice Ketlogetswe hoping to finally close painful chapters in their lives. Four marriages were officially nullified while one couple interestingly decided to give love one last chance.
One of the divorces involved a woman who told the court she had effectively been a single mother throughout her marriage after her husband, an America-based foreign national identified as Simon Zulu, allegedly abandoned her shortly after their wedding in 2015.
“He left me in 2015 and never came back. We have a child together, but the child does not even know his father’s face. We do not share any property. I was married, but living a single life,” she sadly told the court.
The court granted the divorce after hearing evidence that the marriage had irretrievably broken down.
However, it was another case that left the gallery with dropped jaws and court officials struggling to keep straight faces.
Gasegalona Rammese had approached the court seeking both a divorce and full custody of his child. His wife, Kedirile Rammese, did not oppose the divorce but she requested that he pay her P1,000 until a total of P20,000 had been settled.
Kedirile did not oppose the divorce but asked the court to order her husband to pay her P1,000 per month until he had paid a total of P20,000.
“I helped him build the house he is living in now. The P1,000 per month will help me because I have already bought bricks to build my own place,” she said.
Everything seemed straightforward until the Chief Justice asked what the child’s name was.
The father admitted he could not do so, claiming his mind was overwhelmed.
Surprised by the response, Chief Justice Ketlogetswe questioned how a father seeking full custody could fail to spell his own child’s name.
When Kedirile was asked to assist, she told the court that both she and her husband were illiterate and unable to spell the child’s name.
“Gasegalona is lying when he says his mind is all over the place. The truth is that we are both illiterate. I recently enrolled him at Gaegolelwe (centre for adult education) and he later found a job. Now he wants to leave me,” she said angrily.
The revelation briefly turned the divorce hearing into what sounded more like a relationship counselling session, but Justice Ketlogetswe cautioned both parties that the courtroom was not the place for marital score-settling.
After considering the evidence and the settlement reached by the parties, the court officially dissolved the marriage.
“You are free from this marriage. The plaintiff will keep his property and the defendant will keep hers. The plaintiff will pay the defendant P20,000 in installments of P1,000 per month beginning the end of June. Custody of the child will be awarded to the plaintiff, while the defendant will have access during weekends, public holidays and school holidays,” ruled Chief Justice Ketlogetswe.
While four couples parted ways, one marriage received a temporary reprieve. Prisca Kgope arrived determined to divorce her husband, Gomolemo Kgope, citing his repeated cheating ways, despite several interventions by elders to save the marriage.
Gomolemo was however not ready to throw in the towel and he pleaded for another chance to repair the marriage.
Following discussions outside the courtroom, the pair informed the court they wished to continue working on their differences. The case was postponed to June 26.
Speaking to The Voice after the proceedings, attorney Bakotelo Moagisi Mmipi of Bakotelo Mmipi Attorneys said most of the divorce matters before the Chief Justice were uncontested and resolved through agreement.
“I think the Chief Justice is doing very well by emphasising compromise. Issues involving families, children, property and divorce require understanding and negotiation. It does not help for courts to get into people’s bedrooms and hear deeply personal matters in public when those issues can be resolved amicably,” said Mmipi.
He stated that he observed that the Chief Justice’s approach reflects the spirit of Botswana’s transition from a fault-based divorce system to a no-fault divorce model.
According to Mmipi, couples anticipating divorce should first sit down and discuss issues such as property, children and finances before approaching the courts.
He pointed to financial pressures as one of the leading causes of marital breakdown.
“Many couples struggle to communicate about money until problems become too big to manage. Property disputes are also common. Third-party interference from relatives and friends frequently contributes to conflict within marriages,” he explained.
Mmipi added that issues such as infidelity are often not explored in detail during proceedings because the courts are increasingly focused on resolving matters efficiently and respectfully.
He also observed that for many couples, forever is proving a lot shorter than expected.
