Court Decisions

STRENGHTENING THE LEGAL FRAMEWORK ON WOMEN, PROPERTY AND INHERITANCE RIGHTS IN THE CONTEXT OF HIV/AIDS IN ZIMBABWE

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On the 16th of March 2013, over three million Zimbabweans voted overwhelmingly in favour of adopting the draft constitution. This constitution was signed into law by the President of the Republic of Zimbabwe on the 22nd of May 20131. Among the founding principles in the new constitution are gender equality,  and recognition of the rights […]

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   […]

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 […]

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 […]

Khamisa V. Khamisa, 2007- Malawi

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IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY Matrimonial Cause No. 9 of 2007 BETWEEN LORRAINE B. KHAMISA……………………………………………….APPLICANT AND SHABIR CHARLES KHAMISA………………………………………RESPONDENT To download the judgment click here  

Aphane V. The Registrar of Deeds and others + Appeal- Swaziland.

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In the matter between Mary- Joyce Doo Aphane and The Registrar of Deeds (1st Respondent); Minister of Justice & constitutional Affairs (2nd Respondent); Attorney General (3rd Respondent) In the High Court of Swaziland To download Aphane’s High Court judgment click here To download Attorney General’s Appeal of Aphane’s High Court ruling click here  

INHERITANCE LAWS & WOMENS PROPERTY RIGHTS – – HOW JUST?

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Judges discussion on matrimonial property rights between spouses

Judges discussing matrimonial property rights in Malawi

WOMEN AND LAW IN SOUTHERN AFRICA RESEARCH AND EDUCATIONAL TRUST-MALAWI (WLSA MALAWI) AND WOMEN INHERITANCE NOW – AFRICA Recognizing Non-Monetary Contribution by Married Women to Controlling and Owning Of Matrimonial Property   Judges Discussion on the subject                                        […]

THE PLIGHT OF WOMEN WHOSE NAMES DO NOT APPEAR ON TITLE DEEDS

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WOMEN AND LAW IN SOUTHERN AFRICA RESEARCH AND EDUCATION TRUST  (WLSA) -ZIMBABWE and PADARE MEN’S FORUM ON GENDER THE PLIGHT OF WOMEN WHOSE NAMES DO NOT APPEAR ON TITLE DEED Ssee the whole article…Title deeds and women’s rights WLSA Zimbabwe would like to hear your views preferably in writing. Contact us at Number 16 Lawson […]

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