50.
ARTICLE 20 AND 21: WIDOWS, INCLUDING THEIR RIGHTS TO INHERIT
Women who are legally married have the right to inherit from their deceased
husband’s estate either through a Will or the last Testament of her deceased
husband, and or if she got married in community of property in terms
thereof.
The Communal Land Reform Act has also resolved the issue of land rights to
women who are married under customary law. Section 26(2) of the Act
provides that: Upon the death of the holder of a right referred to in subsection
(1) such right reverts to the Chief or Traditional Authority for re-allocation
forthwith:-
51.
a)
To the surviving spouse of the deceased person, if such spouse consents
to such allocation; or
b)
In the absence of a surviving spouse, or should he or she not consent as
contemplated in paragraph (a) ,to such child of the deceased person as
the Chief or Traditional Authority determines to be entitled to the
allocation of the right in accordance with customary law.
ARTICLE 22: SPECIAL PROTECTION OF ELDERLY WOMEN
There is no separate law which protects elderly women. The information
provided in paragraph xii of PART ONE above regarding protection of elderly
person applies to both men and women.
52.
ARTICLE 23: SPECIAL PROTECTION OF WOMEN WITH DISABILITIES
The information provided in paragraph xii above regarding the protection of
persons living with disabilities applies to both men and women.
53.
ARTICLE 24: SPECIAL PROTECTION OF WOMEN IN DISTRESS
Section 62 of the Correctional Service Act provides that a female offender may
be admitted into a correctional facility for custody with her infant. The infant
must be supplied with clothing and other necessaries by the State until such
infant attains the age of two years, in which case the officer in charge must,
on recommendation of the medical officer and on considering the best
interests of the infant, on being satisfied that there is a relative or friend of
the infant able and willing to support such infant.
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