Zimbabwe’s Legal Structures Available for Widows All estates are officially required to be registered when a person passes away. If the deceased had a civil marriage, or a “5.11” marriage, or if the deceased person had a will, the estate is to be registered with the High Court. If the deceased had a registered customary law marriage under the Customary Marriages Act or an unregistered customary union, the estate is to be registered with the Magistrates Court. Registration is required in person at the designated court office. A death notice or certificate and list of property must be provided to the court at the time of registration. Once the estate has been registered, the court contacts the registrant with a date for a return meeting to choose an executor.75 Magistrates courts are located in each of the 61 districts of Zimbabwe. Some districts are very large, such as Hwange, which covers over 5656 square miles.76 High courts are located in the two largest cities in Zimbabwe, Harare, and Bulawayo, and they hear appeals from the magistrates courts. Appeals from high courts cases are made to the Supreme Court of Zimbabwe. Some rural widows must traverse and pay for travel over long distances to arrive at these courts. For widows who are struggling, the limited availability of courts is a structural barrier to accessing justice and maintaining their rights to their property. Once a widow knows that she has a right to her property, she must navigate hurdles to have the marriage recognized, including seeking legal representation, paying relevant fees, keeping up with court appointments, and traveling to court, which can be many hours away. They told us that accessing courts could be daunting and confusing. Some widows give up before they have any remedy. Glynnis, 50, was married for 20 years before her husband passed away. His relatives chased her away from her home she shared with him, taking her belongings and her cattle as well. They refused to sign paperwork for her to receive her husband’s pension. She now lives in the home she grew up in, which her brother now owns. She said: “I have gotten nothing. I believe that this is unfair … [but] I have given up. I can do nothing [to stop it].” 75 “Know Your Rights,” Zimbabwe Women Lawyers Association, http://www.zwla.co.zw/index.php/component/k2/item/18- how-to (accessed November 17, 2016). 76 “National Parks of Zimbabwe,” National Parks Tours Worldwide, http://www.nationalparks-worldwide.info/zimbabwe.htm (accessed November 17, 2016). 33 HUMAN RIGHTS WATCH | JANUARY 2017

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