admin
Gibson Mhaka
THE loss of a partner is devastating. For many widows, that loss is magnified by a long-term struggle for basic needs, their human rights and dignity.
They may be denied inheritance rights to the piece of land that they relied on for livelihood or evicted from their homes, forced into unwanted marriages or traumatising widowhood rituals. They are stigmatised for life, shunned and shamed. And, many of these abuses go unnoticed, even normalised.
One such victim is Mrs Betty Jiri, widow of the late great philanthropist and Zimbabwe’s well-known man Jairos Jiri, who dedicated his life to caring for people living with disabilities and established a number of centres around the country to cater for the disabled.
Gogo Jiri (81) who is facing eviction from her house in Mzilikazi suburb after falling out with her son Mufaro Jiri said she started living the life of a pauper following the death of her husband in 1982. Jiri was declared a national hero.
A heartbroken Gogo Jiri last week approached the Bulawayo Civil Court seeking to stop her son from harassing and evicting her from her house at number Z09 Mzilikazi.
She told Bulawayo magistrate Adelaide Mbeure that she had never been at peace with her son who had allegedly turned her into a prisoner in her own house.
“My son Mufaro Jiri is verbally abusive towards me. He harasses me and is threatening to evict me from my house. He also wants to kill me so that he can inherit the property. I no longer want to stay with him as I am living like a prisoner in my own house.
“He destroyed everything I owned and I am therefore seeking a protection order against him since he is a threat to my life,” lamented Gogo Jiri.
She adds: “He wants to evict me from the house after he also chased me away from other properties and my farm in Gwatemba. He is also sending people to kill me and I can’t stay with someone who wants to kill me”.
A livid Mufaro, however, denied the allegations levelled against him by his mother.
“The allegations she has levelled against me are not true. She does not like me. It is not me who sent those people in question whom she said wanted to kill her. I even reported the matter to the police after those people threatened her,” he said.
In her ruling the magistrate ordered Mufaro to live peacefully with his mother. Speaking to B-Metro, Gogo Jiri said she was heartbroken by the ordeal but had no choice but to fight her son in court after he also threatened to kill her over the property.
In 2010 Gogo Jiri was rendered a destitute after she was evicted by the Jairos Jiri Foundation management from her house-cum centre in Nguboyenja suburb.
This was after the foundation management obtained a High Court order to evict her and sent the Deputy Sheriff to kick her out of the house.
As she reveals her despair one can still feel the pain in her voice.
“I still can’t get my head around it — that the son I loved would treat me this way. I cannot understand why. I tried to be a loving mother to him all along. He is giving me sleepless nights and wants me out of the house.
“The court also ruled against me several times. I was excluded from the association soon after the death of my husband. This is despite the fact that I was also a key player in the establishment of charity homes across the country. I didn’t know anything about the process of eviction. No one told me anything. I didn’t know how to reach out for help,” she said, while throwing her hands in the air like one who has been abandoned and forsaken.
She said she was left suicidal after being told by the foundation management she must urgently vacate her property.
“I am the one who built that house and I’ve been staying there for many years and now it’s gone. When I tried to resist, I was arrested for defying a court order and was subsequently jailed for three months at Mlondolozi Prison.
“What pained me most is that the same people I employed are the ones who turned against me and made my life miserable,” she wailed.
Squashed in a single room is a two-plate stove, two black pots, five plates, an old wardrobe which needs a re-do and a bed which are now Gogo Jiri’s most prized possessions.
She said she also wanted to live a decent life like other heroes’ spouses.
The passionate appeal came as Bulawayo is set to stage the 40th Independence Day celebrations for the first time in the history of the country.
But Gogo Jiri is not alone in this predicament. After 40 years of independence many of these widows whose husbands were declared national heroes, have nothing to show for the sacrifice of their loved ones in fighting for the country’s liberation.
Many of them are wallowing in extreme poverty after current national laws also seem to have failed to protect them in perennial battles over inheritance.
Some are still striving to own a piece of land and homes with very little success.
Last year, the late liberation war hero and former Commander of Zimbabwe Defence Forces, General Vitalis Zvinavashe’s widow Margaret sought the court’s intervention, claiming her step-son Richard Zvinavashe was allegedly ill-treating and barring her from her own house.
This was after he and his friends scaled a security wall at her house in Tynwald suburb in Harare before breaking all the locks and padlocks on the doors.
After gaining entry into the house, Robert and his friends then changed all the locks to the house effectively locking Margaret out of her own house.
For the offence Richard was later hauled before Mbare magistrate Stanford Mambanje facing charges of contravening the Domestic Violence Act and unlawful entry.
The above cases are a graphic representation that despite the fact that Zimbabwean laws such as the Deceased Person’s Family Maintenance Act and the Zimbabwe Administration of Estate Act largely favour surviving spouses regarding inheritance of property and Section 56 of the Constitution guarantees freedom from undue discrimination, many women continue to be dispossessed of matrimonial property and end up in dire situations after the death of a husband.
Although, the Administration of Estates Act states that upon the death of a spouse – no matter whether it is the husband or wife, the surviving spouse inherits the property, Mufaro and Richard seem not to accept this fact.
A senior Bulawayo legal practitioner Ms Nikiwe Ncube-Tshabalala said the sons in question (Mufaro and Richard) were driven by greed and lack respect for women’s rights adding that there was a need to start the generation equality conversations at home, schools, workplaces and in all social circles.
“The law is sufficient just that we do not use it adequately as women or as a nation to our advantage. For example: not many women bother registering their marriages so that their spouses don’t have to fight for inheritance with their families. Also, we are not in the habit of writing valid wills which will to a large extent help solve all potential issues.
“Furthermore, women are also not so keen on reading the laws as they always leave it to lawyers or those interested until that gap comes to bite them. The Administration of Estates Act is clear on who should benefit what, at whose death in case of a customary marriage or a civil marriage. So, if widows are not aware of these provisions then problems will arise,” she said.
As Zimbabwe celebrates 40 years of Independence, it is also important to note that when it comes to inheritance issues even though the laws have changed, tradition still plays an important role.
Online Reporter