Report of the National Conference: Women's Property Rights ... - FAO

7.2 Customary laws and property rights of widows and orphans in Zimbabwe:H. Mandeya, Chief Magistrate, ZimbabweIn Zimbabwe, there are two types of registered marriages, namely monogamousmarriages under the Marriage Act and polygamous marriages under the CustomaryMarriages Act. Marriages solemnized under the Marriage Act result in relations governedby Roman Dutch Law. Marriages solemnized under Customary Marriages act as well asunregistered marriages, which are contracted in accordance with custom result in theestates of the spouses being administered in terms of Part IIIA of the Administration ofEstates Amendment Act, number 6 of 1997.For widows of polygamous men the position is as follows:• If a man registered his first marriage in terms of the Marriages Act anysubsequent customary union results in the second widow not being recognized asa spouse.• If the man’s first marriage was an unregistered customary union and anysubsequent marriage was registered in terms of the Marriage Act, both widowsare recognized as surviving spouses.• If a man’s first marriage was solemnized in terms of the Customary MarriagesAct and subsequently contracted “monogamous” marriage both widows arerecognized as surviving spouses.After the death of a person one of the relatives registers the estate at the nearestMagistrates Court. In the presence of at least four close relatives of the deceased anexecutor is appointed and given either a certificate of authority or a letter ofadministration depending on the value of the estate. However, this procedure does notapply widows of registered monogamous marriages and widows and orphans of men wholeft wills.The Magistrate is guided by the following principles, which are set out in section 68F ofAct 6 of 1997• One third of the net estate should be divided between the surviving wives in theproportions two shares to the first or senior wife and one share to the other wives• The remainder of the estate should devolve upon A. his child or B. his children inequal shares.Other sections of the Act provide widows with entitlement to receive ownership rightsover the house they lived in at the time of their husband’s death. However in practice,some widows are not recognised as surviving spouses and therefore according to the lawreceive nothing from their husband’s estate. Mr. Mandeya also reiterated the disharmonythat exists between culture and the law. Widows face difficulties from relatives who failto understand that they are entitled to their husband’s estate.19