Here’s a radical idea: what if Mugabe stays home for a few months and his travel allowance, generous as it is, goes towards helping ZESA, our national power company, get back on its feet? Apparently ZESA has been running adverts on state controlled TV asking people to switch off their switches and geysers. Hmmm. The average citizen is yet again asked to moderate their behaviour but all the while the chefs in suits Just Don’t Give a Damn.

We just got this in from an SMS subscriber. I thought it was a very good question! Let’s see more MPs using public transport to get to rallies – as well as to other events.

I would love to see my MDC. MP coming to a rally to address us using public transport

WLSA has been in existence for the past 24 years. We have handled and continue handling many cases on inheritance. We have also noted an increase in inheritance disputes due to the increase in deaths brought about by HIV/Aids. The case below is one of the thousands of cases that we have dealt with. It illustrates the complexities in our lives especially in relation to marriages.

B (male) paid lobola for A in 1960 under an unregistered customary law union. The union was blessed with five children, three girls and two boys. B acquired a stand in the High density area of Glen View in Harare in 1981. A was a hard working woman and spent time in the rural areas, farming and selling the produce. She also went to neighbouring countries to purchase goods for re-sale. Most of the money generated by A was used to purchase building materials and develop the residential stand in Glen View until it became a complete nine roomed house. A’s desire was to wed in church with B but the latter adamantly refused. In 2001, B met a woman C and started an affair with her. In 2002 B paid lobola for C. She constantly nagged B for a wedding until B gave in. In the same year, B advised A that she should stay permanently in the rural home in Wedza. In 2003, B and C unknown to A “married” at the Magistrate Court in terms of Chapter 5:11 marriage. A only learnt with shock the existence of the marriage on the 1st of June 2007 when B passed away.

Legally, an unregistered customary law union or a registered customary law marriage cannot exist side by side with a monogamous Chapter 5:11 marriage. From research conducted by WLSA, the situation enunciated above is not uncommon. As a result of intense advocacy, the Administration of Estates Amendment Act that started operating on the 1st of November 1997 provides that if a man is married in a registered customary law marriage or an unregistered customary law union but goes on to marry another wife in a Chapter 5:11 without dissolving the marriage or union, both the Chapter 5:11 marriage and the customary marriage or unregistered customary law union will be recognised as and treated as customary law marriages for purposes of inheritance only. A will be considered as the first wife and C the second wife. A and C will be entitled to inherit the house that they each stayed in at the time of B’s death, the household goods and contents and for the remainder they share with the children. A as the senior wife will get more from this remainder.

While WLSA applauds this law, research and other evidence has revealed that women in the situation of A who may have contributed to the acquisition and building of the house will often lose out since wives in the situation of C above who may not have contributed anything will inherit the house by virtue of the fact that they were living in the urban home at the time of B’s death.

On the other hand, if A and B had a registered chapter 5:11 marriage that allows a man to have only one wife at any given time and B goes on to marry C in an unregistered customary law union or registered customary law marriage without dissolving his marriage with A, if B dies, C will not be entitled to inherit anything from B’s estate.

Find out more about this and share your views. Email WLSA on sly [at] wlsazim [dot] co [dot] zw, gettie [at] wlsazim [dot] co [dot] zw or dorcas [at] wlsazim [dot] co [dot] zw

You can also use Skype as follows: slyvia.chirawu, getrude.matsika and dorcas.makaza

You can visit our website on www.wlsazim.co.zw

Making The Law Work For Women, Challenging The Legal System To Work For Women

Pamberi Trust in collaboration with the British Council and The Prince Claus Foundation re-launched their Mind Blast series last week. The aim of the Mind Blast discussions is to serve as a networking platform, and as a forum to discuss and debate the opportunities and challenges faced by the creative industry. The first of the discussions involved artists, civic society organisations and arts administrators and took place at the Mannenburg. The discussion was opened by an emotive and poignant performance of two Harare Files monologues by Tonderai Munyebvu.

A number of issues arose during the discussion, most significantly was the relationship between artists and civic organisations and the art that was created as a result. In a previous interview with Kubatana Rumbi Katedza said:

The challenge that has arisen here in Zimbabwe is that it seems to be the only direction that art has been taking over the last decade because that [civic organisations] is where much of the core funding has been coming from. Individuals and organisations will do art depending on what the key word is for that day. We’re stuck in a rut; we need to get out of that and create art for art’s sake.

During the discussion several artists echoed this sentiment and also expressed concern over the emergence of NGO agenda driven art. While it is noble to want to create art for its own sake, many artists noted that they too had to make a living and because of this, their art was subject to corruption for the purpose of delivering a message. Civics, it was noted, often demanded that art be explicit in conveying their message. Another artist expressed frustration that while local artists were forced to produce this kind of art, conversely, artists from the home countries of some donors and organisations were treated completely differently, and given the space to create and or perform their art without interference. Participants moved on to agree that art was created in response to the artist’s environment, and thus art was important in examining social issues.

There is in general a need to find alternative means for supporting art, and teaching artists and arts administrators’ sustainable business models. An oft cited example of a commercially successful Zimbabwean artist who has managed to stay true to his artistic voice is Oliver Mtukudzi, another example is Dominic Benhura. Their models for creating commercial viability vary but the outcome is the same: they are able to live on their art.

Photo from The Zimbabwean.

Riot police stand aside whilst violent protesters besiege Parliament. But when activists from Women of Zimbabwe Arise (WOZA) peacefully deliver a petition to Parliament or ZESA they get rounded up by riot police and taken down to Harare Central.

This is a story from the newsletter, Legal Monitor of July 25, 2011, published by the Zimbabwe Lawyers for Human Rights:

A 52-year-old man is in trouble after allegedly telling a ZANU PF workmate that President Robert Mugabe’s death was imminent.

Zebedia Mpofu, a general hand labourer at a private security firm, allegedly mocked his workmate, informing him that a soft drink and packet of biscuits he was having for lunch came courtesy of Prime Minister Morgan Tsvangirai. He is being charged under the harsh Section 33 (1) (a) of the Criminal Law (Codification and Reform) Act Chapter 9:23 as read with Section 33 (2) (a) of the same Act for allegedly undermining the authority or insulting the President.

According to the State outline, Mpofu was at work in October last year when he went to Gilbert Matarutse’s office. Matarutse, a security officer known to be a ZANU PF supporter, was having his lunch at the time.

“The accused shouted to Gilbert through the window, saying that the biscuits and the cascade he was having were brought by MDC-T through its leader Prime Minister Morgan Tsvangirai,” reads the State outline. “He went further to say that President Mugabe had ruined the country and that he was going to be dead by December 2010 then Morgan Tsvangirai would take over as President of Zimbabwe.”

Statements recorded from other workmates acting as witnesses all deny hearing Mpofu utter the alleged words. Mpofu joins dozens of other Zimbabweans, from politicians to ordinary villagers, who are in court charged under the Criminal Law (Codification and Reform) Act on politically-related issues.

This story coincides with a statement issued by ZLHR programmes manager for International Litigation, Lobby and Advocacy Project, Dzimbabwe Chimbga at last week’s Food for Thought session at the US embassy’s Public Affairs Section. In his lecture presentation on democracy, Chimbga highlighted that there was an alarming increase in cases of people being arrested for insulting the President. “One of the most fascinating things at ZLHR is that everyday we are getting a case of a person being charged with the law of insulting the President. If you say anything critical, especially mentioning governance and in particular the current president you are likely to spend a night in jail,” said Chimbga.