in Botswana discriminated against women and was therefore unconstitutional.40 The parallels to other countries in the region are clear. “This is a significant step forward for women's rights not only in Botswana but in the southern Africa region, where many countries are addressing similar discriminatory laws,” noted one regional advocate.41 South Africa also passed a Recognition of Customary Marriages Act in 2000.42 This act made an important innovation: allowing marriages to be registered after the death of a spouse.43 South Africa’s constitution allows for customary laws that do not conflict with the human rights guaranteed under its Bill of Rights.44 In practice, the country still grapples with unregistered customary marriages and estate registrations.45 Zimbabwean legal scholars have pointed out that while South Africa’s Recognition of Customary Marriages Act provides some positive avenues for change, the law stops short of providing for situations in which relatives are uncooperative in registering their marriage after a husband’s death, a major challenge for widows in Zimbabwe.46 South Africa’s courts have also ruled that certain customary laws on inheritance are unconstitutional where they discriminate on the basis of sex. For example, in the case of Bhe v Magistrate Khayelitsha, a Constitutional Court of South Africa case in 2004, property inheritance exclusively along male lineages was found to run counter to the constitution’s prohibition of discrimination on the basis of sex.47 This case was brought by a widow on behalf of her two minor daughters. Like the Mmusi case in Botswana, this case specifically addressed inheritance by daughters on an equal basis with sons, rather than inheritance by widows, but the court’s decision referred more broadly to equal inheritance rights of women. 40 Mmusi and Others v Ramantele and Others, High Court of Botswana, MAHLB-000836-10, Judgment, October 12, 2012. 41 Quoting Priti Patel, deputy director of the Southern Africa Litigation Centre, in Richard Lee, “Huge Boost for Women’s Rights in Botswana,” Open Society Initiative for Southern Africa, October 12, 2012, http://www.osisa.org/law/botswana/huge-boost-womens-rights-botswana (accessed September 8, 2016). 42 Recognition of Customary Marriages Act 120 of 1998, 2000. 43 Chirawu, Strengthening the legal framework on women, property, and inheritance rights in the context of HIV/AIDS in Zimbabwe. 44 Constitution of the Republic of South Africa, 1996, sec. 39 (3). 45 For discussion of South African versus Zimbabwean challenges, see Chirawu et al., Strengthening the legal framework on women, property, and inheritance rights in the context of HIV/AIDS in Zimbabwe. 46 Ibid. 47 Bhe and Others v The Magistrate, Khayelitsha and Others, Constitutional Court of South Africa, Case CCT 49/03, October 15, 2004. 19 HUMAN RIGHTS WATCH | JANUARY 2017