THE NAMIBIAN CONSTITUTION provides a strong backdrop for gender equality.
It provides for equality in all aspects of marriage, inheritance, and succession, and emphasises women in the provisions authorising affirmative action.
Similarly, customary laws survive only to the extent that they do not contradict the Constitution. In light of the above, the status quo refers to legislation or law reform initiatives aimed at strengthening the position of women in the inheritance and succession avenues of property and lineage.
Historically, this issue can be traced back through common law and various statutes which allowed the use of various customary laws in matters pertaining to succession and inheritance.
However, some customs are abused because they are unclear at times. The Intestate Succession Ordinance 12 of 1946 improved and amended the applicable
Roman-Dutch common law by proclaiming surviving spouses as possible heirs.
Two conflicting systems have since been in use, but most black women could not inherit due to the specific rules of their customary laws. The abuse of some of the latter laws remains a problem, and property grabbing from widows by their deceased husbands’ relatives is rampant in some communities in the northern parts of the country.
Henceforth, there is a clear need to protect such vulnerable women through law reform. To curb such immoral actions, Namibia became a signatory to the United Nations (UN) Convention on the Elimination of All Forms of Discrimination Against Women and the UN Convention on the Rights of the Child.
These legislations have come a long way in affording women equal rights. Today, sons and daughters are treated equally in terms of property inheritance, which is a step forward from a society where daughters were not even considered with regards to inheritance or succession.
In addition to the above, Namibia enacted the Married Persons Equality Act 1 of 1996. Thankfully, we could also see an overlap of the Married Persons Act covering women’s and children’s rights in relation to succession, inheritance and maintenance.
Other than that, the new law stipulates that, irrespective of race, all deceased estates shall be administered in terms of the Administration of Estates Act, by the master of the High Court.
The government has further provided its eligibility to curtail such discrimination in succession and inheritance through creating organisations such as the Department of Women Affairs in the Office of the President. Further, the Law Reform and Development Commission and the Legal Assistance Centre help in conducting legal research and making recommendations for legal change to help women.
Law reform initiatives have surely come way forward in causing an end to this gender-based discrimination. Subsequently, legislative interventions play an important role in ensuring that a version of customary law respects the human rights of all, including women.
However, it cannot be said to have progressed to an extent that is needed to equate the socio-economic standing of both genders. But with the adoption of a gender-neutral lens, legislators can be entrusted to make decisions that place both genders on par.
Angolo Lineekela
