Rex Shana, Deputy Chairperson of the Law Development Commission (LDC), condemned the practice of relatives demanding cash, cattle, and other valuables from a son-in-law as a condition for burying their deceased daughter.
Speaking at a public legal awareness campaign on the Marriages Act [Chapter 5:17] in Kariba on Friday, Shana said that such practices are illegal.
He further clarified that while the Marriages Act protects the rights of spouses and family members, it does not justify unreasonable demands from relatives. Said Shana:
The law is clear, relatives cannot demand payment or valuables from the son-in-law in exchange for burying their daughter.
This issue is particularly significant in Zimbabwe, where cultural and traditional practices often intersect, and at times clash, with legal rights. While customs hold deep value in many communities, they can sometimes give rise to contentious practices.
The Deceased Persons Family Maintenance Act [Chapter 6:03] and the Estate Duty Act outline clear guidelines on the management of deceased estates and the rights of beneficiaries.
These laws do not permit or condone the practice of demanding payments or valuables as a precondition for burying a deceased family member.
Despite this legal framework, there have been instances where cultural practices appear to override the law.
For example, in a recent case in Kariba, a family demanded that a house be sold and the proceeds shared before they would agree to bury their deceased daughter. After extended negotiations, both parties reached a tentative agreement to hold further discussions.
In another case, a family has reportedly demanded US$10,000 from their in-laws before proceeding with burial arrangements—a dispute that remains unresolved.
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