Court saves widow from eviction

A HEADLANDS widow has a Makoni community court to thank after her in-laws’ bid to evict her from her late husband’s plot was thwarted.

The court proved that the woman, Shupikai Amini is the surviving spouse and has every right to continue staying at the property.

Amini’s father-in-law, Sailos Tsengo had approached Chief Makoni’s community court, seeking to evict Shupikai Amini, arguing that she was promiscuous and should leave his late son’s plot.

However, the court barred Tsengo and his sons from harassing Amini, saying she has legal right to inherit her husband’s estate.

The court further said Amini’s love affairs are none of the Tsengos’ business, and they should stop poking their noses into her private life.

“When my son, Gift passed away six years ago, Amini left and went to work at a nearby farm. She cohabited with another man there. Structures at my son’s homestead collapsed due to non-occupancy. I was surprised to see her last month at my son’s plot saying she had accompanied her eldest daughter to revive her father’s homestead so that she can stay there alone. I questioned her why a juvenile girl would stay alone, and she said it was her daughter’s wish to do so.

“Some days later, a man whom I suspect is her new husband assisted her to repair the houses. I inquired who the man was and she told me it was her boyfriend who was assisting her. I told her to leave my son’s homestead and stay with her numerous boyfriends. She refused. I want her to leave my son’s plot,” Tsengo said.

In response, Amini said she has nowhere to go.

“When my husband died, I left our plot to work at a nearby farm so that I could provide for my children. I never re-married, but I had some boyfriends as I am also a normal person. I later returned to my plot with my children, but my in-laws are threatening to evict me. I have nowhere to go excerpt the plot left by my late husband, Gift.

“They are making my stay at the plot very difficult. They are interfering with all operations. They tried to stop me from receiving the free Presidential inputs. I received a bag of fertiliser, but to my surprise, they made a police report, saying I had stolen fertiliser that was meant for them.

An investigation was done by the distribution committee which cleared my name and gave me another bag of fertiliser which they said rightly belonged to me,” Amini told the court.

In its ruling, the court said the era of depriving surviving spouses and orphans of their inheritance is over as some old cultural practices were superseded by progressive laws that protect the vulnerable.

“Times have changed, and we should appreciate that some cultural practices are no longer relevant. In fact, some practices violate the laws of the land. A surviving spouse, whether a man or woman automatically inherits their partner’s estate.

“No relative, no matter how close to the deceased he or she was has a right to disposes a surviving spouse of any property.

“From the evidence presented here, the plot belongs to Amini and her children she had with Gift.

Tsengo, you have no right to chase away Amini and your grandchildren from the plot left behind by their father.

“The argument that she is bringing boyfriends at the homestead does not hold water because she is no longer married.

“Stop stalking her. If you continue to harass her, she has the right to apply for a protection order against you,” ruled the court.