always easy to prove.”54 Zimbabwe’s Master of the High Court, Mr. Eldard Mutasa told
Human Rights Watch “I see these cases every day. People should always register their
marriages. If it is not registered, she [the widow] will be at the mercy of the family. It is
blackmail, and it is common.”55
Although both Zimbabwe’s civil laws and international law clearly require that all
marriages be registered, most marriages in Zimbabwe are not. And Zimbabwe lacks a
centralized or digitized register of marriages. This sets women up for property grabbing
when they become widows. One expert observed that unregistered customary unions are
“‘popular’ for a number of reasons. While many people do not know that they need to
register their unions, those who do know may not realise the benefits of having their union
registered. For others, it is logistically difficult to have their unions registered.”56
Many of the widows Human Rights Watch interviewed said their in-laws were unwilling to
provide confirmation of marriages that had not been officially registered. Annabelle, 50,
initially tried to defend her right to her home in court against her in-laws without a lawyer:
We owned our house, but only his name was on the title…. His relatives were
saying that I should leave, but I didn’t. I went to court [to confirm the
marriage and claim the house]. His relatives said that they didn’t know me in
court. They court asked me for any papers I might have to show our marriage.
I had lobola papers and his will that was read at the funeral that said that we
were married. But the family made a fake will and took it to the court.57
It was then that Annabelle sought the assistance of a lawyer, who in the end secured her
right to her home through the court.
54 Chirawu, Strengthening the legal framework on women, property, and inheritance rights in the context of HIV/AIDS in
Zimbabwe, p. 2.
55 Human Rights Watch interview with Master of the High Court Mr. Eldard Mutasa, November 1, 2016.
56 Sibusisiwe Ndlovu–Bhebhe, “Harmonise Zimbabwe’s marriage laws before changing marriage certificates,” BUWA! A
Journal on African Women’s Experiences, http://www.osisa.org/sites/default/files/15-17.pdf (accessed October 3, 2016).
57 Human Rights Watch interview with Annabelle, May 30, 2016.
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