magistrates courts are only located in provincial capitals, [some] widows need to travel for
up to [six hours] each way on crowded buses to access these courts.”81 On top of bus fares,
widows need to forgo income-generating activities for that day or days; arrange for
overnight stays if they cannot make the trip in one day; and have the physical stamina to
make such a journey, which some older widows just may not possess.
Michelle’s husband died in 2012. Shortly after his death, her property was grabbed. Her inlaws took over the fields she had tilled for decades. They also stole the fruit from the trees
in her kitchen garden and sold the harvest, leaving her without any livelihood. They also
harassed, intimidated, and insulted her, attempting to chase her away from home by
ganging up to physically surround and restrain her as they insulted her and told her to
leave her home. She was fortunate to find legal representation from Legal Resources
Foundation, but she still describes the struggles for transportation and court fees:
I could not even find the money for transport to the court, and the two fees
of US$10 and $20. I struggled. The court said “take this paper there,” but I
didn’t know what it was about. The court said that each person who has a
stake in the property should share a fee of $131, but my in-laws said only I
should pay. After that, a child of mine collected the $131, and the
homestead was transferred into my name. I had to sell one of my two cows
to [help] pay for this. The in-laws did not get anything.82
In many of the cases investigated by Human Rights Watch, a lack of knowledge about
property and inheritance rights was a major obstacle to protecting widows’ property. Court
processes were confusing and expensive for many widows. For widows like Michelle, it was
overwhelming to manage engaging with courts before she found help through Legal
Resources Foundation:
81 Human Rights Watch interview with Cedric N Dube, Legal Resources Foundation, May 31, 2016.
82 Human Rights Watch interview with Michelle, May 27, 2016.
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HUMAN RIGHTS WATCH | JANUARY 2017
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