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Monday, 24 August 2015

widows, children born out of wedlock and my thoughts as a law student

Not so long ago in the Bhila case , the High Court of Zimbabwe ruled that children born out of wedlock had the same rights as children born in wedlock. This ruling was praised by many and equally scorned at by others as well. Activists for equality welcomed this decision and agreed with Honourable Justice Mwayera that there should be no discrimination when it comes to sharing inheritance. I have got to admit that I have mixed feelings for this judgement. On the other hand i applaud it and at the same time i have misgivings. The reason why i applaud it is because i think that children are children regardless of being born out of wedlock or in wedlock. Therefore the father has to take care of his children and they should be entitled to his inheritance. Some children live in abject poverty whilst the father is living large and it is only fair that those kids should partake in their father's estate. On the other hand, one can only imagine how the widow feels when she only becomes aware of children born out of wedlock after her husband's death. She will be expected to share the property she worked so hard for or maybe property she had to sweat and toil for with basically strangers. One can only imagine the bitterness she feels as she remembers those nights they had to go hungry while sacrificing to buy that house or car. It surely is one hell of an ordeal to go through i imagine. No one just wants to give up what they worked so hard for. I can just imagine. Maybe the fact that the widow is allowed to keep the matrimonial home is a bit of solace but still  i can just imagine how hard it is to give up things you thought were yours after all the years of hard work. Maybe that is what has inspired Mr Bhila to appeal against the judgement that places children born out of wedlock and children born in wedlock at a par. When someone goes through all those legal channels to fight for what they believe to be rightfully theirs, I can imagine it takes a lot of strength. At the same time children born out of wedlock are also rightfully entitled to such as the deceased indeed would have sired them knowingly (unless the DNA TESTS PROVE OTHERWISE). I am sure both sides would feel rightfully entitled to the inheritance.

I am still Conflicted. Who is wrong ? Who is right? Should children born out of wedlock be at the same par as children born in wedlock? Is there any difference at all?

xoxo

Ms Vee

2 comments:

  1. This is a welcome ruling by the Zimbabwean court. Gone are those days, where children are always from wedlock. Nowadays living relationship is very common and a ruling like this a relief to the children born out of wedlock


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  2. You are so right Kate. Children are children whether born out of wedlock or not

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