carry that stigma with them for decades. The life expectancy for a woman who is 60 years
of age in Zimbabwe is over 78 years.19
Widows have traditionally had a socially weak and therefore vulnerable position in
Zimbabwe, made all the more vulnerable by old age and discriminatory practices in
customary law and government procedures. Women and Law in Southern Africa
produced a position paper together with the property and inheritance rights network
of Zimbabwe on suggested amendments of inheritance laws. It found that women
who do not have marriage certificates face challenges in court. They may be required
by the court to bring affidavits or testimony from their late husband’s relatives to
confirm the marriage. Sometimes these relatives completely deny the existence of
the union and state that the customary law wife was a “mere girlfriend.”20
These practices contribute to the vulnerability of widows. This may explain how
opportunistic property grabbing remains such a common phenomenon, according to
women’s rights advocates, and also according to Human Rights Watch’s research.
Some customary norms reinforce widows’ socially weak position, including certain
aspects of customary laws on marriage and on inheritance. This is especially true in
communities with patrilineal inheritance, which practice descent through males, as was
the case with the communities where the widows Human Rights Watch met lived. While
customary laws can evolve, and can offer opportunities to advance women’s equality,
Human Rights Watch found that they are interpreted or applied in ways that
disadvantage women, especially widows.
Proving a customary marriage is a serious burden and impediment for widows in the
existing legal system. There is no clear moment when a customary marriage begins.21 A
19United Nations Department of Economic and Social Affairs, Population Division, “World Population Ageing 2015,”
http://www.un.org/en/development/desa/population/publications/pdf/ageing/WPA2015_Report.pdf (accessed November
16, 2016), p. 127.
20 Dorcas Makaza Kanyimo, “Law Relating to Succession and Inheritance in Zimbabwe,” Women and Law in Southern Africa,
Research and Education Trust, http://slideplayer.com/slide/10229887/ (accessed January 11, 2017).
21 Slyvia Chirawu, Dorcas Makaza Kanyimo, Strengthening the Legal Framework on Women, Property, and Inheritance Rights
in the Context of HIV/AIDS in Zimbabwe: Harmonization of Marriage Laws and Equality In Marriage: Position Papers on
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