Trends in the distribution of matrimonial property in Zimbabwe: A feminisation of poverty?

Abstract

The paper discusses trends in the distribution of matrimonial property in Zimbabwe. The study is a desk top research based on an analysis of literature review of cases on sharing of matrimonial property that were heard by the High Court and Supreme Court of Zimbabwe from 1999 to 2017. It is the finding of this paper that courts are unfairly distributing matrimonial property to the prejudice of women. This is because of the undervaluing of women‘s contribution towards the acquisition of immovable property through house work. The unfair distribution of matrimonial property significantly contributes to the phenomenon of feminisation of poverty in Zimbabwe. The paper concludes that the decisions of the court in distributing matrimonial property are not alive to the nuances in women’s lives. Using the case of Mautsa v Kurebgaseka as a point of departure, the paper argues that the undervaluing of women’s work is a major contributor to the phenomenon feminisation of poverty. The paper recommends law reform and judicial activism. It is hoped that the paper will be a resource tool that guides intervention by law makers and women’s rights activist in safeguarding women from poverty caused by unfair distribution of matrimonial property at separation or divorce.