wedding ceremony may not take place. In prevailing cultures in Zimbabwe, at the start of a
marriage, the groom’s family negotiates a bride price, or lobola, to the bride’s family.
Sometimes this agreement is written, which, if in the possession of the widow, can be
used to help prove the marriage. The lobola often includes some combination of cattle and
cash. In other contexts, the practice of lobola may give the impression to family members
of the husband that they have already paid money to the bride (even though wives do not
receive any of the lobola) and therefore widows should not be entitled to inheritance upon
the death of a husband.22
In most communities in Zimbabwe, women have traditionally left their own families upon
marriage and moved in with their husbands on property shared with or adjacent to their
husband’s family. This property is considered to belong to the husband or his family, often
not registered in the name of the husband or wife.23 Even though customary marriages
should be registered with the government according to the Customary Marriages Act of
1997, Human Rights Watch found many of these marriages are not registered, leaving a
widow without a certificate as evidence of the marriage.24 Despite her contribution to the
land and property (over 70 percent of women who are employed in Zimbabwe are
employed in the agricultural sector), not having a certificate is a disadvantage when
attempting to claim inheritance rights.25
According to informed sources in Zimbabwe, until recently, it was common for a widow to
be “inherited” by a male relative of her husband, along with the couple’s property. In many
cases, this amounted to a forced marriage, as the widow would believe that she had no
choice but to marry the relative under customary practice. This form of “wife inheritance”
or “widow inheritance” served to keep land and other property within the deceased
husband’s family and was meant to protect the widow and surviving children. Zimbabwe
Unregistered Customary Law Unions and Putative Marriages. (Harare: Women and Law in Southern Africa Research and
Education Trust, 2013).
22 See, Human Rights Watch, Double Standards: Women’s Property Rights Violations in Kenya, vol. 15, no. 5(A), March 2003,
https://www.hrw.org/reports/2003/kenya0303/kenya0303.pdf, p. 22, 27.
23 Zimbabwe National Statistics Agency and ICF International, “Demographic and Health Survey for Zimbabwe 2010-2011,”
2010, https://dhsprogram.com/pubs/pdf/FR254/FR254.pdf (accessed January 11, 2017).
24 Customary Marriages Act, cap. 5:07 of 1997, sec. 8.
25 “Zimbabwe, Percentage distribution of employed population in agricultural sector, by sex,” Minimum Set of Gender
Indicators, https://genderstats.un.org/#/countries (accessed November 16, 2016).
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HUMAN RIGHTS WATCH | JANUARY 2017
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