Watch this short 3.42 minute video from the International Justice Mission and their efforts to stop Property Grabbing in Uganda. It is well worth your time.
https://www.youtube.com/watch?v=-nLk3sBFk7I
Property Grabbing in Africa
http://internationalreportingproject.org/stories/view/african-widows-left-destitute-by-relatives-snatching-property
This article is an older one, but still relevant. It begins with a story about a woman named Tamara Zulu. Her husband died, leaving her to care for her five children. A month after her husband passed away, his relatives took over her home and confiscated all her possessions for themselves – including the sewing machine that she relied on for her tailoring business. This left Tamara and her children destitute, with nowhere to go. Fortunately, Tamara was resourceful and skilled at sewing. She eventually was able to start up a business to support her children.
The article goes on to explain that traditionally, upon his death, the husband’s family was required to take care of his widow and children and therefore could “absorb” the property. But, these days, the in-laws are only interested in the property that they can “grab.” Apparently, the AIDS epidemic in Africa has given in-laws immense opportunities to swoop in and evict widows and children. This “tradition-gone-bad” is feeding the cycle of poverty in Africa.
The article makes the point that ancient custom supercedes the dictates of modern law. Zambia is mentioned in the quote below, but it is not the only African country involved in “property grabbing.” The following is taken from the article verbatim:
“But ancient custom often trumps modern law here, especially as the cash-strapped Zambian government lacks the ability – and, some women’s groups say, the will – to enforce its mandates. Confusion surrounding the jurisdiction in property-grabbing cases is a problem as well.
The Zambian legal system integrates both African and European legal procedures. While the Zambian Constitution declares gender discrimination illegal, it also holds an exception for matters usually handled by customary law.
Because most Zambians still marry under customary law, which is generally less favorable to the rights of women and children, women who seek relief from property-grabbing in customary courts usually leave empty-handed.
‘Ours is a principally customary society,” says Clement Mudenda, director of the National Legal Aid Clinic for Women, Zambia’s only such resource. “But customary law courts are presided over by men, and their judgments have been unfair for the most part.’”
Many women simply do not know their rights or they fear that their communities will retaliate if they try to regain possession of their property and belongings. Even those women who do seek a legal remedy usually do not win their cases.
My question is this: Assuming that the governments of African countries want to stop this practice, how does a government fight customs and traditions that are so firmly entrenched? If you were involved in African politics, what steps would you institute to stop this practice?