It’s not Locardia’s fight alone

successfully stopped Mr Tsvangirai’s intended marriage to new wife, Elizabeth Macheka, on the eve of the ceremony proving he customarily married her.
She argued that she could not let her husband proceed to a civil union that would automatically disenfranchise her as his lawful wife.
Lorcadia even boldly declared that she was prepared to continue in a polygamous, union as the first wife with Elizabeth second on the pecking order because she loved her man. Never has been an issue so viciously debated from all corners of the country and never had an issue of marriage preceded even bread and butter issues that many believed would always take centre stage, in a country, currently faced with a host of challenges.
I am sure even Locardia herself might have been pleasantly surprised that her case took centre stage, relegating national issues like water woes and civil servants’ salaries to inside pages for an entire week.
Her story dominated discussions in kombis, bars, salons and even at churches with people questioning her sincerity in clinging onto the Premier, at a time she should have been planning for the windfall coming her way either as maintenance and other perks, she was guaranteed, whether she remains married or divorces.
Politics aside, Locardia’s debacle speaks volumes of the trauma that thousands of women in Zimbabwe go through everyday as they fight the “injustices” of the existing marriage laws in Zimbabwe.
Thousands of women cry everyday when they find out that the men they are married to under customary law went behind their backs and entered into other unions under the Chapter 5:11 civil marriage union.
Sadly the women are faced with the naked reality in the event that the husband dies and — by law — bequeaths his estate to the woman with the civil marriage. They lose everything from the matrimonial home to household furniture. The law does not protect such women and they are often told that their unions are not recognised, since they were not formally registered.
On a daily basis, the media is awash with such stories of women who are being kicked out of their matrimonial homes and denied rightful legal recourse after it emerges that they were only married under customary law. The Government and the relevant stakeholders continue to turn a blind eye to the problem, which greatly disadvantages women whose unions are yet to be recognised by the law. This is despite the fact women’s organisations have been calling for the harmonisation of the country’s marriage laws so that women in unregistered customary unions can be protected by law just like their colleagues in civil unions.
Under the three types of marriages in Zimbabwe, the civil union, also known as the registered civil marriage (Chapter 5:11, previously known as Chapter 37), outshines the other two, which are registered customary marriage (Chapter 5:07) and unregistered customary union.
The law requires that when one enters into a customary union this must be registered. Sadly, only a few women and men understand the importance of registering their marriages.
Usually it is the husband’s prerogative to make sure that the marriage is recognised by the law.
With such unions fully recognised, a woman will have the same rights as the wife in a Chapter 5:11 marriage including the right to be maintained, share all property acquired during the subsistence of the marriage and divorce if the marriage has irretrievably broken down. It also forces men to think twice before they decide to have more than one wife.
However, what is happening now can best be described as a miscarriage of justice. Thousands of women in customary unions continue to be seriously prejudiced, within the same legal jurisdiction, which protects only a minority married under Chapter 5:11.
Three decades after independence, Zimbabwe still has a long way to go to address the plight of women who are married under customary law.
While there is no doubt that Zimbabwe, like other African countries, promotes polygamy, a highly revered marriage practice, it is quite imperative that the country should harmonise marriage laws to ensure that women and children in customary unions are protected on inheritance issues.
Many women have been judgmental, pointing fingers at Locardia, viewing her as desperate and trying tarnish the Premier’s image.
Others have even labelled her a gold digger, whose only mission is to destroy the Prime Minister.
But looking at the issue objectively, one cannot help but feel sorry for her, especially that her marriage   could neither protect her nor stop her husband from marrying another woman.
Locardia is an aggrieved woman, who probably is wondering how long she will have to make the arduous legal representation at the highest courts to save her marriage. While she is spending the better part of her time, surrounded by legal experts, advising her on what legal action to take, thousands of her colleagues in Kana or Murambinda may not be as fortunate as Locardia.
With no legal experts by their side, nor the fat wallet to take up their issue, they continue to watch helplessly as the property they worked so hard to acquire is taken by the “legally married woman.”
The so-called women organisations, save for WOZA and that veraciously campaign for women rights have not even mumbled a word of solidarity.
They are comfortably seated in their offices, fanning off the heat with donor-funded air conditioners, while watching the drama unfold.
Yet this is not Locardia’s fight alone, its for all womenfolk.