Widow’s battle for rights

 

Tendai Gukutikwa
Weekender Reporter

A BITTER inheritance wrangle has erupted in Mutasa, where a family is accusing their late brother’s widow of fraudulently claiming to be the surviving spouse in order to benefit from his estate.

The Kandiero family which appeared before Chief Mutasa’s community court last week, claimed that Charity Mukono was no longer their sister-in-law at the time of their brother’s death, as she was divorced years back after allegedly being caught with another man.

Mukono, the woman at the centre of the storm, found herself in the dock at Chief Mutasa’s community court after her late husband’s brother, Nyemudzai Kandiero, dragged her to answer for what he termed an attempt to reclaim a marriage that ended long before the funeral.

“This woman was once married to my brother, but they separated a long time ago. She was caught red-handed with another man, and my brother chased her away. That was the end.

“Everyone in the family knows this. She left and never came back until the day of the funeral. Now, years later, she comes back, saying she wants to stay at her homestead.

“That is not her home anymore,” the man told the court.

Kandiero told the court that the dispute arose when he discovered that Mukono had allegedly sold a piece of land that belonged to his late brother.

He was shocked to discover during a court case at the magistrates’ court that Mukono had claimed to be the deceased’s legal spouse at the time of the sale.

“She had no right to sell that land. She was divorced. I even demolished the house that was built on that land after discovering what was going on. How can someone come back from nowhere, and claims what does not belong to her?

“When my brother passed on, he was staying alone, and we were all shocked to see her at the funeral, and doing all the wifely duties. She later came back after the funeral, and said she wanted to stay at her homestead. Soon after that, she started selling the family land,” he said.

However, Mukono vehemently denied ever being divorced, let alone being caught cheating.

“I married my husband in 1977. Together, we built our home in 1980, and that house still stands today.

“We stayed together until the day he died. It is only that we were staying at his workplace at a farm in Mutasa, not the rural areas in Honde Valley. We never divorced.

 

“I am shocked that people who claimed to love me for decades are now turning around saying I was caught red-handed with a lover,” she said firmly.

She maintained that although they did not have children together, their marriage stood the test of time, and remained intact until her husband’s death.

“Just because I did not bear children does not mean I was not his wife. I cooked for him, cleaned for him, and took care of our home. Where were these people when I was doing that?” she added, wiping away tears.

Supporting her version of events, Marjory Kandiero, a sister to the deceased, gave a somewhat mixed testimony that added a layer of complexity to the case.

“When my brother died, he was staying alone. But at the same time, I also know that the two were still together at their workplace. They might have had problems, yes, but I do not think they were officially divorced. I think they were having an on and off relationship,” she said.

Chief Mutasa expressed concern over the rising estate wrangles in his jurisdiction, especially with the issue of widows being chased from their homes under questionable claims of divorce.

“I have had enough of people who wait for someone to die, and chase the widows away. I am tired of women being accused of adultery so that families grab property.

“These women are not pieces of furniture that you move around at will. Prove what you are saying,” the Chief said sternly.

He ordered both parties to bring witnesses who can confirm the state of the marriage at the time of Kandiero’s death.

“Do not lie just because this woman is a childless widow. I will not allow injustice in this court. If you are lying, then you are committing a crime. You want to strip her of everything just because she has no children to fight for her? That is evil, and I will not stand for it,” he said.

He also expressed concern over families taking advantage of grieving widows, pretending to protect their late relatives, while pursuing selfish interests.

“My job is to protect widows, not to watch them being victimised. You should not cook up lies.

“If you cannot prove that she was caught with another man, then you are criminals. If she was never formally divorced, then she is his wife, even in death,” he said.

The matter was adjourned to Saturday, with both sides expected to bring witnesses who will shed light on whether the marriage truly ended before the husband’s death, or if this is just another case of a widow being targeted because she has no children to defend her.