Thursday, March 28, 2024

Toothless law under review to curb rising cases of property grabbing

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THE Zambia Law Development Commission (ZLDC) says it has started reviewing the Intestate Succession Act number five of 1989 to make it more responsive in addressing the high cases of property grabbing in the country.

ZLDC director Annette Nhekairo said the organisation has decided to review the law because in its current form, it is not up to speed with modern administration of estates for people who die without leaving a will.

Ms Nhekairo said this in Lusaka yesterday when she appeared before the House of Chiefs to explain the challenges the current Act is facing in addressing property grabbing cases, as well as the urgent need to review the current Intestate Succession Act.

She said current statistics indicate that over 78 percent of widows and orphans continue to suffer injustices countrywide because of archaic laws such as the Intestate Succession Act.

“Research has shown that there is apparent resistance to the provisions of this Act. This is further evidenced by the high number of reported cases of property grabbing at police stations across the country and at legal advice desks.

“As we may be aware, the mandate of the ZLDC is to develop the law to meet the changing needs of society. In accordance with its objectives and functions under the Zambia Law Development Act, Chapter 32 of the Laws of Zambia, the commission is required to undertake research and make special recommendations on the need to revise the Act,” Ms Nhekairo said.

She said the current Intestate Succession Act does not adequately protect the interests of the widows and orphans, especially on matters relating to customary land.

Ms Nhekairo said the Act poses challenges in administering the Act as it is applied according to customs and traditional norms prevailing in a particular area, which vary in a country of 73 tribes and 286 chiefs.

She said the Act also greatly disadvantages widows and orphans with regard to their rightful inheritance shares from the estates of their husbands and fathers.

Ms Nhekairo also said the police should be empowered to arrest people violating the law, while the judiciary should be mandated to prosecute such cases to deter intending perpetrators of the vice.

She said the Law Development Commission has documented cases of injustices against widows and orphans to show the extent of the problem in the country.

[Zambia Daily Mail]

6 COMMENTS

  1. why only talk about widows what about wodowers? Do you always think of a man to die first? Lets stop thinking in this way as anything can happen with the powers of God. No wonder you have problems when it happen. Remember you never thought a sitting president can die in office but when Mwanawasa MHSRIP died you failed what to do. You need to plan both ways

  2. How can you have a law which can not be enforced by the Police or prosecuted in the courts of law? 

  3. Property grabbing is legal based on reasons,tribes and culture. It should be tribe by tribe not country law. For us from the famous province in Zambia, if a man dies property should go to my parents , blood sisters and brothers, mkazi out she will remarry…..fulu stopu

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