conference and the parties agreed that she
would get her property back, including two head
of cattle.
The LRF assisted a client who had been ordered
to vacate her matrimonial home after the death
of her husband. After much dispute over her
status as the surviving spouse, she was confirmed as such by the Magistrates Court but
out of compassion for her two stepdaughters,
she waived her right to inherit the matrimonial
home in their favour and opted for a usufruct of
the property instead. One of the daughters later
turned against her and was granted an order to
evict her at the Small Claims Court. Due to lack
of knowledge of legal issues, the client was unable to explain why she was living in the house
registered in her stepdaughters’ names. She approached the LRF and was assisted to apply for
a stay of execution of the eviction order.
Comment: The case reflects one of many
instances where litigants do not understand
their rights and obligations, to their detriment.
Had she not approached the LRF, she could
have become destitute despite being entitled
to stay in the matrimonial home.
A group of villagers near a small-scale farm in
Gokwe were having a problem with the farmer
who was barring them from using his farm’s
borehole. The villagers argued that the borehole was installed by the District Development
Fund (DDF) and had been a community borehole before the farmer was offered the land. The
farmer in turn argued that he had installed a
submersion pump and the community was not
subsidising the cost of running the pump. It was
discovered that, despite being told not install a
pump by the DDF, he had proceeded to do the
installation as his way of limiting use of the borehole to himself. The villagers were successful in
their challenge.
Comment: This case shows the importance
of the LRF’s work with marginalised communities. The people were being denied their
right to water but the LRF intervention enabled
them to access it.
A school teacher had been targeted by the school
headmaster because of his stance on corruption at
the school and charged with improperly associating with scholars, thus sullying his reputation. (The
case had been referred to the LRF by Transparency
International Zimbabwe.) The students disclosed
that they had been forced to make these reports,
but the teacher was still dismissed, based on speculation that he had interfered with their evidence.
The LRF took the matter to court; the Attorney General’s office did not file any opposing papers and he
was reinstated.
“Thank you LRF for restoring not only my job
but my reputation in the society. When I lost my
job I could not afford lawyers in private practice
to challenge my dismissal, although I knew the
charges against me were false. A friend advised
me to seek help from LRF and I am glad I did.
Thank you once again.”
Marondera office assisted a client, EM, aged 56
years, to get back her house which had been taken
by her late son’s wife, TM. EM bought the house
from Go For It Cooperative in 1992. After the death
of her son in 2003, her late son’s wife changed ownership of the house into her name and chased the
woman from the house and threatened that she
would be jailed if she ever set foot in the house
again. The LRF communicated with the Municipality of Marondera and it was discovered that the
house belonged to EM. She was assisted with an
application for a protection order requesting for the
eviction of TM. The office opted for a protection order considering the relationship between the two
and that our client had no money to pay for court
fees and messenger of court fees should summons
need to be issued.
Comment: The case of EM is one of the many
cases that demonstrate the importance of the
work that the LRF is doing in alleviating the plight
of vulnerable Zimbabweans. The woman had lost
what she was entitled to due to her vulnerability
but the LRF managed to help her to recover her
property.
Legal Resources Foundation Annual Report 2015
21
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