Lack of land ownership for women makes them vulnerable: The case of Malawi

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Despite Section 24 (a) (ii) of the Constitution of Malawi, providing that women have the right to be accorded the same rights as men in civil law including equal capacity to acquire and maintain rights in property, independently or in association with others, regardless of their marital status; women in Malawi do not have equal […]

Ensuring the Land Laws Work for Widows Affected and Infected by HIV

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Posted by: KELIN Kenya  “Research suggests that women who have secure access to ownership and control over land and other assets are better able to avoid relationships that threaten them with HIV, and to manage the impact of AIDS.” This is according to the Global Commission on Women and AIDS “Keeping the promise, an agenda […]

Good development in the Malawian jurisprudence on disposal of matrimonial property on dissolution of customary law marriage.

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KAMPHONI-V- KAMPHONI CASE BRIEF BY MZATI MBEKO The long and short of this case is that fairness and not contribution, determines disposal of matrimonial property on dissolution of customary law marriage. Thus property distribution does not depend on ownership or possession of property but on “holding” which is wider than ownership and possession. Under section […]

Hiding justice through the narrow, legalistic and pedantic version of locus standi: The WLSA-Malawi Property Rights Case.

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IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY Constitutional Case No. 3 of 2009 Between: The Registered Trustees of the Women & Law (Malawi) Research & Education Trust……………………………………………………………………………………………………Applicant And The Attorney General………….…………………………………………………………Respondent And Malawi Human Rights Commission…………………………………………1st Amicus Curiae Southern Africa Litigation Centre……………………………………………2nd Amicus Curiae Canadian HIV/Aids Network……………………………………………………3rd Amicus Curiae Ralph Kasambara……………………………………………………………………4th Amicus Curiae   […]

Engendering Access to Justice: Grassroots Women’s Approaches to Securing Land Rights

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Source: UNDP & Huairou Commission Summary: Report presents grassroots women’s approaches to access justice with a focus on land and property rights in Africa. This community empowerment-based research undertaken by the Huairou Commission and its partner groups across 7 African countries – Cameroon, Ghana, Kenya, Tanzania, Uganda, Zambia and Zimbabwe – showcases women’s rights challenges […]

Realizing women’s rights to land and other productive resources

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Authors/Editor(s): UN Women and OHCHR This is a new publication by UN Women and OHCHR. It focuses on women’s access to, use of and control over land and other productive resources which are essential to ensuring their right to equality and to an adequate standard of living. It argues that throughout the world, gender inequality when […]

Victory For Women in Botswana Against a “Claw back Clause”

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By Priti Patel Without access to property, women are more likely to fall into poverty, limiting their ability to protect themselves from HIV infection.  Last month, a five-year legal struggle ended with a landmark victory for women’s rights in Botswana. The country’s highest court unanimously decided that four sisters are entitled to inherit their family […]

The Verdict is in: Courts in Malawi finally recognize Marriages by Repute

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By WLSA- Malawi Summary: The Malawi Constitution specifically recognizes marriage by repute as well as law, custom, or permanent cohabitation.  However, until recently the status of marriage by repute was unclear.  The Malawi High Court has now ruled that marriage by repute results in the same protections and rights as other forms of marriage under […]

Ramantele –v- Mmusi and others

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  This is a landmark case from Botswana on women’s inheritance rights under customary law. Southern Africa Litigation Center (SALC) supported a case in Botswana before the High Court challenging a customary law rule which provides only for male inheritance of the family home. The case was an appeal from a decision of the Customary […]

The Kenyan case on Customary laws on inheritance

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Kenya’s Court of Appeal made an important decision in 2005 that directly addressed the conflict between discrimination against women built into customary laws on inheriting family property, and the guarantee of gender equality in Kenya’s Constitution, the African Charter, and CEDAW. In Rono vs. Rono the sons claimed a greater share of their deceased father’s […]

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