Lobamba – Parliament has directed the Minister of Justice and Constitutional Affairs, Prince Simelane, to draft and present a law within 30 days that will protect widows and guarantee them a “reasonable share” of their late husbands’ estates.
The directive follows the adoption of a motion moved in the House of Assembly by Lobamba Lomdzala MP, Marwick Khumalo, on Wednesday. The Motion seeks to end decades of complaints from widows who are often deprived of their husbands’ estates, particularly those married under Eswatini Law and Custom.Currently, the law provides that in customary marriages, estates are not distributed but handed to an heir who assumes the position of the deceased.
In many cases, the widow is instead given another man from her late husband’s family to care for her, a practice that has often left widows and children destitute when the estates are abused.
Where the deceased leaves no will, the Intestate Succession Act only entitles a widow to a child’s share of the estate. By contrast, women married in a community of property are entitled to 50 percent of the estate plus a child’s share under the Marriage Act.
Khumalo argued that this disparity was unconstitutional, noting that the Constitution of Eswatini provides that widows should inherit a reasonable share from their husbands’ estates. He emphasized that the law to give effect to that constitutional provision has not been enacted, despite the constitution being in force for nearly 20 years.
The Motion received overwhelming support from MPs across the House. In response, Prince Simelane welcomed the initiative and committed to meeting the 30-day deadline.
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