Online Reporter
Rutendo Nyeve, Victoria Falls Reporter
The Master of the High Court, Mr Eldard Mutasa, has clarified a widespread misconception regarding the inheritance rights of civil partners, commonly known in Zimbabwe as mapoto or amapoto unions.
This follows a growing trend where individuals in such informal partnerships are incorrectly advised that they are automatically entitled to inherit from their deceased partners as legal spouses would.
The confusion stems from a misinterpretation of Section 41 of the Marriages Act (Chapter 5:17), which defines a civil partnership as a relationship between an unmarried man and woman, both over 18, who have lived together as if husband and wife on a genuine domestic basis.
In an exclusive interview with Zimpapers in Victoria Falls on Monday morning, Mr Mutasa expressed concern over knowledge gaps surrounding inheritance issues, which he said are leading to bullying and the ridicule of legally married couples.
“There are huge knowledge gaps on issues to do with inheritance. People really do not appreciate that. I would encourage them to visit our office or consult legal practitioners or professional estate administrators so that we can demystify these misconceptions,” said Mr Mutasa.
He directly addressed and dismissed the false information circulating on social media.
“As we speak, there are people saying that this new law, which introduced civil partnerships under Section 41, gives civil partners the right to inherit as wives or husbands. That is very inappropriate,” the Master of the High Court declared.
He said this misinformation is causing anxiety, particularly among legally wedded spouses.
“But if you ask around, especially among women, people are questioning the importance of marriage or having a marriage certificate if the law provides that when somebody stays with my husband for just three months, she becomes a wife. That is not correct. Far from it.”
“Civil partners are not entitled to inheritance at all. They have their own place. Nothing in our laws accords them the status of a surviving spouse,” he added.
Mr Mutasa explained that a person’s status as a civil partner is not automatic and is only formally recognised by a court upon dissolution of the relationship—through separation or death—for the specific purpose of distributing assets acquired during the partnership itself.
“They remain civil partners and have to be declared as such by the court. Their status is only considered when they want to separate from the partner. It is only at the dissolution of that relationship that the court is called upon to look at the rights,” he said.
The distribution of assets, he noted, is governed by the Matrimonial Causes Act and pertains only to assets the couple acquired together, not the entire estate of the deceased.
Mr Mutasa reaffirmed his office’s commitment to educating the public and upholding the law.
“There is nothing like a civil partner being entitled to inheritance. These are some of the things we assist the community to understand. Those being bullied will have clarity on the correct procedures according to the law,” he said.
This clarification serves as a crucial reminder for all citizens to seek verified legal advice regarding inheritance matters and not to rely on potentially misleading community gossip.
