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