Almost all the widows Human Rights Watch interviewed said they had to seek legal help before they were able to protect their property from in-laws intent on grabbing it. Once a widow has cleared the first hurdle of making contact with the formal legal system, laws like the Deceased Estates Succession Act delineate equal inheritance rights for women and men upon the death of a spouse. Taken at face-value, laws like this should help a widow to secure her property. But still the cards are often stacked against widows, most of whom had unregistered, customary law marriages and therefore have trouble proving they are a spouse for purposes of this law.77 Legal Resources Foundation lawyers said that obtaining confirmation of unregistered marriages is a challenge for them in representing widows, as there is no way to compel relatives of the deceased to tell the truth about the marriage. Lawyers said they often have to resort to alternative dispute resolution techniques such as external mediation because there is no legal tool within the system that balances the power that husbands’ families have to deny a marriage’s existence. “Recognition of unregistered customary law marriages is needed,”78 one lawyer told us. “Some courts look for evidence [of a marriage] (such as lobola papers and photos from the birth of first child) and take it into account, but that isn’t automatic.”79 Going to court can be expensive, and processes can take years to complete. A lack of basic resources means that even relatively minor court fees or transportation costs can put a legal remedy out of reach for many widows. Over 70 percent of Zimbabweans live in poverty.80 Some widows living in rural areas who spoke to Human Rights Watch specifically raised the obstacle of transportation costs such as bus fares to accessing courts in cities to claim their rights. To get around this, some had resorted to paying acquaintances located in cities to make inquiries for them. Others wanted to give up because of the expenses. Lawyers told us that they frequently see these challenges. A number related stories of providing funds out of their own pockets to help indigent older widows. “Because 77 “Gender and Land Rights Database: Zimbabwe, Women’s property and use rights in personal laws.” 78 Human Rights Watch interview with Cedric N Dube, Legal Resources Foundation, May 31, 2016. 79 Ibid. 80 “Poverty headcount ratio at national poverty lines (% of population), The World Bank, Global Poverty Working Group, http://data.worldbank.org/indicator/SI.POV.NAHC?locations=ZW (accessed November 10, 2016). “YOU WILL GET NOTHING” 34

Select target paragraph3

Add to table of contents