Previously, under customary law, inheritance went to nearest male relative

Women in Zimbabwe now have the right to inherit property under African customary law. This was established by a recent case which came before the courts recently.

Auxilia Mangwende is the eldest child of a well-to-do man who died intestate — without having made a will. Zimbabwe law provides that in the case of intestacy, customary tribal law determines who shall inherit. According to the Shona customary law that applied in this case, the heir is the nearest male relative. Mangwende's uncle, her father's brother, was the nearest male relative.

In a dramatic application of contemporary law to ancient custom, the Zimbabwe Supreme Court held that under the terms of the 1982 Legal Age of Majority Act, women are equal to men in the application of the customary law, and Mangwende, as the nearest relative of her late father, could inherit the estate.

This new age of majority law provides that all persons who attain the age of 18 become "majors" — that they have full adult rights in the society. The law explicitly states that it applies "for the purpose of all law, including customary law," (Age of majority laws in Africa traditionally have not applied in situations involving Africans or where customary law applies.) The Court held that the Legal Age of Majority Act made African women "majors" at age 18, equal to men, even under customary law. Therefore, women could no longer be excluded from qualifying as the nearest relative.

The opinion also stated unequivocally that with the right to inherit came the duty to support the late father's dependents. This emphasis on the duty of support for dependents is especially important because the only protection for a widow — as opposed to a daughter — is the obligation of the dead husband's heirs to support her. While the Legal Age of Majority Act allows for female heirs, widows are not heirs under customary law — they are dependents, and there is no provision for a widow to share in an estate. The Court noted that because many of the "traditional anchors of African society" are breaking down, heirs frequently take an estate and abandon the dependents who had been supported by the deceased.

In discussing the issue of support for dependents, the Chief Justice quoted extensively from the new book. Women and Law in Southern Africa, edited by Alice Armstrong and Welshman Ncube

The court also noted that the Act had been applied in other cases to support the right of a woman over 18 to sue on her own behalf. Thus, the Legal Age of Majority Act, together with the Supreme Court's application of the law, has become a powerful women's rights tool in Zimbabwe.

"Do not denigrate women" - new law in Mexico

A new law in Mexico forbids advertising that "contains elements that denigrate humans, especially women." It also bans "obscene images, phrases or schemes which hold double meanings...and the use of subliminal messages."

The law implements Article 5 of the Convention, which states that parties shall take all appropriate measures to "modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices...based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women." Enforcement of this law is under the jurisdiction of the Secretary of Health, who is prepare^ to use fines, closures of businesses and even jail sentences to ensure that the law is upheld.

Pregnant schoolgirls must finish education - Nigeria

In Nigeria the courts have fined a man for impregnating a form- three student and have ordered him to bear the financial responsibility of raising the child as well as the cost of the mother's completion of secondary education after delivery. This decision upholds a 1984 law against withdrawing students from school. The judge directed the administrators of the school involved to ensure that the girl continue her education notwithstanding her pregnancy. According to Nigerian sources, such cases have not been prosecuted until quite recently — a step forward for Nigerian women.

Also several organisations in Nigeria are calling upon the federal government to pass a minimum age of marriage law. In order to strengthen their request, these organisations have documented specific cases of abuse of young brides. The most well-publicised case involves a 40-year-old man who murdered his 12-year-old wife by chopping off her feet with a poisoned axe. The man has been convicted of murder and sentenced to life imprisonment.

Aiding a sati now a crime punishable by death in India

Women's Groups in India have succeeded in making sati — the burning of a widow on her husband's funeral pyre — a national issue, resulting in new measures to end the practice. Sati has been outlawed in India since 1929, but, according to the Hindustan Times it still occurs and participants have gone unpunished because of social acceptance of the custom.

The most recent incident occurred in September, 1987, in Rajasthan, when an 18-year-old widow was burned alive. Women's groups responded by marching and picketing, meeting with key political figures, and pressing for media coverage. Forty-six individuals have been arrested for their part in the sati, including the widow's father-in-law, who has been charged with murder.

In addition, on December 1, the Rajasthan High Court upheld a new law which makes aiding and abetting a sati a crime punishable by death and participating in a sati to any lesser degree a crime punishable by a fine and a minimum of two years imprisonment.

Inventory in preparation in Latin America

The International Legal Services Association has been working to compile an inventory of the legal resources existing in Latin America for the promotion of women's rights. To contribute or receive information on these legal resources, contact: Morna Macleod, Mexican Academy for Women's Rights, No. 88 Copilco University, Delegation Coyacan, Mexico D.F., CP. 14360, Mexico.

Source:

The Women's Watch IWRAWIWPPD Humprey Institute of Public Affairs University of Minnesota 301-19th Ave. South Minneapolis, Minnesota 55455 USA