reaffirms that its judiciary is obliged to interpret laws in line with the provisions of the Charter. Section 24 of the Interpretation Act specifically provides that, “as an aid to the construction of the enactment a court may have regard to any relevant international treaty, agreement or convention….” Thus the Charter, as an international treaty, is a part of the body of jurisprudence that the judiciary turns to, in case of ambiguity in relation to the interpretation of domestic legislation. ARTICLE 2 / ARTICLE 3 Section 15 of the Constitution specifically forbids the making of discriminatory laws, either in themselves or in their effect. Equality before the law between men and women In the Mmusi v Ramantele case5, the constitutionality of a Ngwaketse Customary law which condoned the eviction of female heirs from their parents’ home by the male heir, upon the death of their parents, was being questioned. The Presiding Judge was being called upon to interpret the co-existence of Section 3(a) of the Constitution that guarantees applicants’ rights to equality and protection of the law with section 15(4) (c), of the Constitution which permits discrimination on matters of inheritance and personal law. Upholding the constitutional right of equal protection before the law pursuant to Section 3 of the Constitution, the court held that, “this gross and unjustifiable discrimination cannot be justified on the basis of culture because it communicates the unacceptable and chilling message that men and women are not equal before the law”. The judge further stressed that, Courts of law, as the conscience and voice of contemporary society, must do their part to ensure that the ideal of gender parity is achieved. In this regard, the learned judge, Dingake J remarked; “It seems to me that the time has now arisen for the justices of this court to assume the role of the judicial midwives and assist in the birth of a new world struggling to be born, a world of equality between men and women as envisioned by the framers of the Constitution”. 5 Case No CACGB-104-12 25 | P a g e