Online Reporter
The Herald, 15 September 1994
WHILE Zimbabweans await the results of the continuing debate on the Government’s White Paper on Marriage and Inheritance published last year, widows and their children continue to suffer at the hands of malicious in-laws who deprive them of their late husband’s property.
The paper calls for suggestions for reforming the law relating to marriage and inheritance, particularly the law governing inheritance to the property of married persons.
It says that Government policy on these issues will only be formulated after careful consideration of any comments and suggestions put forward by organisations and members of the public.
Under the present law, the rights of married persons to acquire and possess property and the rights of their heirs to inherit that property, if they die without leaving a will, depend partly on the type of marriage the persons entered into. It also depends partly on their race and partly on the nature of the property.
For instance, in a customary marriage, if the husband dies and leaves no will, his property is inherited by the eldest son or grandson. Failing this, the property will be inherited by the husband’s eldest brother.
“The widow cannot be the heir at customary law. On the death of the wife, her property is inherited by her family group under the Shona customary law and by her daughters under the Ndebele customary law,” says the White Paper.
It is this law that has caused untold suffering to many widows who find themselves destitute after their husbands die. Some of these women have been evicted from their houses by the in-laws, while others have been totally disregarded in terms of inheritance.
While some people have suggested that the writing of wills would alleviate the problem of inheritance wrangles, others have lambasted the idea as Western.
Some chiefs attending a consultation with the Ministry of Justice, Legal and Parliamentary Affairs dismissed the idea of wills, saying it was not the solution to inheritance problems.
Lessons for today
- From the 1994 passage and the recent developments in Zimbabwean law, we can draw several lessons and assess whether the legal situation for widows has improved. The Master of the High Court can no longer unilaterally appoint or remove executors, decisions must be approved by the High Court.
- Executors must get consent from all interested parties before selling estate property. These changes aim to prevent abuse and protect widows, widowers, and orphans during estate disputes. Women in unregistered unions (e.g., where lobola wasn’t paid) now have equal inheritance rights.
- These new laws address the plight of women previously denied property due to lack of formal marriage recognition. The legal landscape in Zimbabwe has improved significantly since 1994 for widows, especially with the 2024–2025 reforms. However, social attitudes, enforcement, and awareness still need attention to ensure widows can fully exercise their rights.
