t THE ROLE AND POSI T I ON OF UOHEN I N PRECOLONI AL AND COLONI AL ZI MBABWE by Angel a |Pr esent ed at Dev el opment ) the Wor k shop sponsor ed on and The P. Ro l e organi sed Ch e a t e r of by Women UNESCO in National and the Rehabilitation Zi mbabwean f [Communi t y De v e l o p me n t and Women' s Affairs. Harare: November 1985. Ministry and of I THE ROLE AND POSI TI ON OF WOMEN IN PRECOLONI AL AND COLONI AL ZIMBABWE A • P > Cheat er Depar t sent of Sociology, University of Zi mbabwe I nt r odu ct i on At the outset) three faced c o n c e r n i n g to speak on who have "roles" of women, has be its individual wi t h pr ovi de a not . In this been asked model of model s But “ modal to speak has this in in p l u r a l ?9 Why, C 1e a r l y , wo si e n and so on as men. men, are each (1952: 193) t he whi ch case put s women, on itself is shall resulted country, f r o# of it, t he personality", I in an t he we wer e t he h e n ,, do t he out come our a domi nant l y ma l e , orr o of asked Surely this a bout sen, wosen so limited, as as a soci al per son, a1 her woman' ’" woman" that history; on social t he relations itself rc o ncept one* t he rather been c 1< 0f his superimposition, be 5 ci c i e possibility of must per f or * i n that have talking are i nn d i vv ii dduuaa l1,, co ptt onn c eep I singular. Equal • y a l1l 1 of a way ay explore an t he a s o c i a11 c ompound encompas s es of t hen, do aethodologicai) Firstly, a p p r o p r i aatt ee i ft the order? bo t h t asks) social paper , women of in women, as t wo paper . 1a b o u r personality" others. of this specific r e 1i g i o u s "social r egarded of and own As R a d c l i f f e - B r o w n a position" social has theoretical content "positions' the whi ch 1 i ke r ol es. and ( one and and never in occupati onal , title role woul d coneep t ua l l y , (each t he “ t he singularity p r o b l e ms of t he that seems "man* title to does I have this singular indigenous cultural Victorian, British vi ew of s, women and their The second t he precolonial appropriate pr obl em is today's “ c u s t o m" s o me t i me s ideal nor m we as in wonder in in evi dence: particular t he wh e t h e r statistical society. wi th "tradition" existed may and concer ned situation classified pl ace nor m, or past, it is most indirect, " c u s t o m" . as exists bet ween of Beach in what It is not so say at often present, peopl e evi dence extrapolated ( 1980) t he the f or shoul d all concerni ng f r om certain infers. t he what gap happen is that I ndeed, bet ween and what do , »ay be so l a r g e they act ual l y the practice Shona of e x a mp l e : obligatory a " c u s t o m" t he "cow part of daught er s actual ly as nor ms ideal shoul d, The perhaps, third in precolonial different easy to to be per son my s e I f The In is and dat a i nt er e s t its on Shona Tonga, Venda seems they l ook that coul d to most first women and at wer e di d " cust omar y" . y o u ma i ) minority ng on means in of has ma j o r and is I traditions of ay an outsider's wi t h we have by an cu 5t 0i 5 and we are, am not compatriots into vi ew of obvi ous, a t he definition, b es t whi ch may women often by the cultural about men, frequently perspectives course, social one mar r i e d behavi our concer ned are of per haps wi t h 1983 ) . C l e a r l y , pr od u c e d biases gender take ost e n s i b 1y women information been To f r om practice. and historical is i n d i v i dual issue, different yoi i t f i we of t he t he f r om wer e qualified I also have not have its distance. by in f r om 1i t e r a t u r e c r a f t 5 wo me n , about Of e x a mp l e s wi t h to ( wh i c h in f or s ma l l f r om Shona l and of notably So wh i l e Ndebel e! pr odu c t i on ac c ess livestock t he is groupi ngs p r e c o 1o ni a 1 e r a . c o mp a r i s o n my s p e c i f i c relations ethnic t he o n 1y know much exc 1u d e d invest in worsen, Howev er , Lemba, dr aw and on t h i s women t o t a l 1y i g n o r e d . we of Ndebel e and bi ndi their Vet Zi mbabwe ’ s coverage that a minority Zi mbabwe a 1most If t he is a snail 1 9 5 2: 352 ; Ch e a t e r Zi mbabwe this based Precolonial have On but (mombe only “ c u s t o m" cultural on advantages y et all agrees met hodol ogi cal , whi l e socialised. to shall exactly colonial talking on everyone ( H o l l e ma n also excl ude mot her hood” anthropological and respect believe what identify, literature of ask to necessarily different been concept ual Women of of t hem not culture, subtleties l ess own ar e Most that bridewealth, pr obl em perceptions. as there E n g 1 i sh one their mi nor i t i e s Perforce, ar e mi ght other roles such as wi t h some we l l are the therefore, I sources. in precolonial in their cour se uneven own Zi mbabwe, it r i g h t , a 1 t hough required l and on whi ch to g r a z e ) , (Beach of t he l abour of t he of production r easons and |oboio), whi c h capacity f r om f or not her f r om it whi c h is headwomen in (Bourdillon Howev e r , their own ov er women their fecundity skills wor k ; t he t wo only mor e say in di d exercise pay ment is class equivalence notable <1> was of that (roora^ reproductive regard class to her women of l abour explain precolonial - that of t he in in other f o r ma ! society to this h o we v e r , t han was onl y role politico-jural of ( Ch a r e wa ) exceptions Zi mbabwean the allocation Ne h o r e k a InformaMy, Shona means i ndemni fi ed to helps One s y s t e m. controlled recorded and also exceptions t he t he bridewealth t he compone nt s and of much 1975) . of as control provi ded control but to not Ma c k e n z i e possible equivalent as w e l l di d instead I 960; husband, excl uded L o ma g u n d i , but a woman’ s l a b o u r it ethnic or the in precolonial authority. as daughters; children; descendant s special Thi s they f r om d i r e c t the her functions, and in agricultural pursuits l and. The chiefship rule "it of is formally in f e ma l e probable admi t t ed" 1976:72). brothers' own other provide had an systematically among a l ways one of in stores, ( Beach women reasons, separate political Shona especially wer e in active nor>~agr i c u l t u r a l metallurgy, lay that production. - wi t h of in grain rights compr i si ng Mani c a l a n d f r om women f e ma l e these district, exclusion their For true whi ch, that l oss. the or product, transferred as over exclusion to all women Hu t o k o the labour occupations fami l y to authority t he these women’ s p o s i t i o n s reference control agriculture family of skilled economically own s y s t e ms of some f or only own wer e in f or society industrial society, had the this precolonial features and required ma j o r their women production of f ami l y of Al though production, means Wi t h pr oceeds 1980). cr aft the the (in as (although is less pottery mo t h e r s of as yatete, ancestors, the to t he f or daughters other whi ch over women or e x a mpl e) , f or roles: the reproductive as p r o d u c e r s healing, mar r i ed in particularly over degr ee certain); or authority whom ov er roora mo t h e r s , educat i on capacity wer e service as abl e wor ker s the had to their control possessi ng pr oceeds been of of of pai d, their ov er pr oper t y. But i ncr easi ng as their (1952: 352) di spose of the necessary of a to natural estate authority t i me she had r eckoned acquired wi t h tete) and women became in her mysti cal husband' s a type to the do ma i n : elderly even deci si on-mak i ng only to experienced by t he in a l mo s t not much bo t h t he The same way ha v e f r om t h e i r to keep up t r y i n g to find the distribution justified har m , as d i d her rather in her and r e ma i n wi th t han but of whi ch of by she women the to had the been t ended lost be ( as in property. t he wor l d and bel ong t he d o me s t i c per sonal cycles to t he to famil y authority bor n by force havi ng mal e Wh i l e p o s t - me n o p a u s a l sight, a woman' s also home, a bandoned acquired frequent men. natal society, out of a Commonl y menstruation, to power f ul become bot h village women, that husband' s normal ly affecting expansi on into in had normal ly life-cycle, most to lengths been t 0 cause not her i ndeed needs given have mot her -i n-l aw). younger Thi s fami l y she wi t h not own the ma l e " women dare. hav e t0 authority ( as t ended di d such p r o p e r * y » h o we v e r , mat t er s “h o n o r a r y of set t han force Hen may j H0 1 I e # often will extraordinary a spirit, no all fami l y wor k "sore as men a wor ker . as influence t he her mar ri ed. influential Arguably in as associated their had of influence Nonetheless, she if of to appear s grandchildren, most responsibilities not had wi ves husbands deat h wi f e their t han f or increase”. their her t i me, to go after capacity , period) will ma t t e r difficulty blood-relatives t i me as this ov er sore property, colonial other had after capacity gr ew newl y-mar r i ed have in my s t i cal productive the and mo t h e r s l ong Even to holdings t oday school, her they experienced accumul at i ng children property ca s h . woman’ s r eference t he in respect her certainly women through before own children Fe s a l e of stock their l ivestock: ( wi t h needs her conser ved her authority indicates the e s s e n t i a l thei r p r o p e r t y -o w n e r s , of was of private public related d e v e l o p me n t that into whi ch the most to families. most interesting and a mbi gu ou s role of authority occupi ed by women in the p r e c o l o n i a l period a pr oi i nent in part Chai i nuka and But med[urns, thei r the as l i k e l y to lediurn of Nehanda, her r o l e in Asvikino in t he of who f or medi um service at wer e shrines (respectively hossanah they mi g h t districts and become cult ( Da n e e l and diviner bear will possessi on in t he ^j i eet the "spirit car e are children of do undertaken by colonial accept s while ma r r i e d woman. ) or behaviour possessed. The and the children" caused she by into and authority to Mu t u n h u ' s becomes possessed of t he other (This authorities whi l e separate all ( 1976) had clearly spirit wi th t he t he d o me s t i c overrides the sexual or der chor es portray her spirit, prior outlying f r om whi ch a through life is activity better to s o me t i me s and child who i s Neusu ( 1983) as nor mal even that social into medi ums Char we) whi ch and position) me d i u m' s fitted distinguished mal e out" (although children) to 1983:1)) become in and a " nor ma l " in "come quarters certainly two wer e sympt oms to cease peopl e incorporated terminate " nor mal " f or 1898 ( Neusu later made) shoul d a t t e mp t identified is living pattern have want i ng been in l ead officials who effectively Reproduction assistants. medi um t hen has the a similar behavioural a spirit Char wei d a n c e r s t bot h ( mi d z i mu ) peopl e t hose diagnosis will move by cult are f e ma l e ) never in ma l e . and f r om n o r ma l mhondor o are) spirits many wer e as c h i mu r e n g a . and and young senior exhibiting this appear!)) to ancestral spirit. rejecting The or ( and However f bei ng he wer e f or after spouse needs reported her But mbonga) , first mal e specific the such course) apart age cult spirits living) of t he bo t h Mwar i mar r i ed before as Ideally of and to who p l a y administration a life early spirits pr edomi nantl y the isf duri ng children) dedicated t he be e x a mpl e lives are to colonial f r om a v e r y of medi ums t he still some 1970:49-52). trance. role later di agnose "sacralised". and are?) central al t hou gh mar r y ( and by chiefst messages f amous Those autochthonous dec ea s e d c o m mi s s i o n e r lived religious whi l e thi s a native med i umsh i p . bot h spirits’ executed I ndeed) binga;nyika femal e of of The most wor l d. life: t he was spirit doma i n) the as men. deat h of spirits relay who spirit that public mhondor o "profane" are mar ked the be women the was a t hou gh his when not identity of the medi um; and i mp o r t a n c e , In t he to be is in role it the of when these par t s of rol es, the possible spiritual spirit irrelevant because is to interfere of the wi t h women per haps are a bu s e, goods speci al tr eatment ( Lewi s and 1971) . continue f emal e power to “soci al as intriguing position of of or bei ng spiritual spirit to that an Bake are in as a u t h o r i t y , are based nal e of into influence gi ven part) this legitimate) even of to f or nornal s y s t e ms byan conf or m naterial expectations to t he standard positions A societal early their t h e r e f o r e afforded religion. on other es ca pe hu s ba n ds their In t h e i r "nornal* individualised traditional is in " woman*. terns to 1976) . least of on t h e i r refuse route women' s At t he was and c o n t i n u e s spirits belief who (Fr y f e ma l e in part i ncrease definition and, not on authority, by denands escape spirit personality* by women, nay even authority. traditional Zi n babwe of religious of fact possession exceptional ex a mpl e i n her t o use personality", wel l or his reported roles afford of social identity, Religious medi um "nodal their f e ma l e askilled t he nal e t he standardised and thent exercise denands Africa) hierarchy) nediunf the that of particularly natters f r om a colonial ( ma l e ) administrator: " As already wanyur a. ar ound In t he spirit. as his me n t i o n e d , a bout district interests prepared to named Wanawo 1914 a mal e n a t i v e he was t he t he wi t h to Kativu She me. had tribe. allow I had Naturally peopl e, and that present Wa mv u r a She was to t he her medi um) named power and an exercised has newana f or by t he all, abeneficial good ancestral influence cease Wanawo and and in I had t he was not satisfactory influence or news hi m t o present or associated demur . . . all-powerful f or was discretion respected t he the or der ed without spoil tswikiro spr ead Wanawo up and wi t h j'! At.vr present Kativu position brought i n t e r f e r e and has the medi um or whose popul ar maybe is c o mp l i e d tswikiro influence ( f emal e He wi el ded Kativu ar r angement . pr oper f e ma l e c h i e f representations. herself. of woman year that c o mp l a i n e d fraudulent behav ed the Char ewa Et he medi um] a evil. on on t he That t he her peopl e there is little al i enabl e tribes influence of t he of woman. amount annual of this that Ther e wer e in this was the I this is are on by coul d br ought write is day through to justice this that l aws the in full the all pr oper the whol e c r i me s authority least interesting the t he that Al so and to n ot e t he wi t h due to demanded. reported a bou t her payi ng is l aw-abi di ng measur e pleasing it to dost a great pr ompt l y i mmedi at el y and the in it t he of declared and ex a mpl e t hem arrested societies) it instance) t han and is ma l e ) who society One mi g h t also was often it a not e not that associated Among f e ma l e possible character..." so the Karuva’ s the or Clearly, coul d normally chiefship) interesting of the mhgndgr g accor dance his as her was some wi el ded by men, that as (in bo t h much wi t h at essentially a t t e mp t <2 > I n to Shona cases) in public opinion who this continues wi t h least political she c o mp l a i n e d a mal e and change to secular c o mmu n i c a t i o n there to or and medi ums h i p . successor; wield therefore overrode interpreted f e ma l e the one political to chiefly context in authority) labelled. women' s wi t h be chief's through women is whet her and authority i n c u mb e n t in dec ea s e d it coul d of define Ne h o r e k a and syikirg chief. whi c h was what to tradition) authority the chooses> living in of a woman) the authority) the that political case in validation) becau s e interesting particular was 1977). religious the precisely (Heinrich because secular vested religious a position rather over traditional least of in about ultimate ancestors) defenders authorities usually ancestral t he the also hersejj exercise obey ed) by one mo n d o r o has paradoxically not colonial control due much det er mi ned authority t he are shows) tradition) However > set section is e x a mpl e extent be and are 1 9 3 0 : 1 3 ). medi ums) that tax delinquents ( No r k e I mal e in Ha b u j a The aust followers... delay. as this The Hashonal and) iaaediate and to in Go v e r n me n t c o mmi t t e d As doubt . power f rain) Shona) as including mal e r ai n-maki ng f e ma l e among spirits capacity 5E L L i i § r a t h e r the also ca u s e s Tonga as bring hi m to t han medi ums) mgande r ai n > be but spirits it is regarded) in par t s of t he northeast) many e x a mp l e s Mu r e r i . her The was her to critical to significant of such. was of e x a mp l e s whi t e to areas, (1940:3) not es by t he wer e t he t he settlers a bou t i ndependence difficult f or how by t he the of f r om spirits by one of t he l egend of was a n g e r e d by his action in becaus e she t hem l egend mitigated requested. rain-aaking Of Mur er i the but when ordinary says, her Ra i n therefore control rain, they provide an and Mur er i action is is woaen among that authority t he a that of who do whi t e the a of by cour se sour ce of contradict alternative it forced Ga i d z a n wa fit on was t h e by in their the not es ( 1985) vi ew 1890s , bridewealth weak economi c set situation explicit these by a bout to i nf or ms black the Ranger extent mak i ng native be bad among Sl o a n the woaen, common personality". p a y me n t s . amongst area "extreaely fairly horrified and of as explicitly wi t h now a l s o social Nu t a s a not as was shows, wer e but saw authority the mor al s" he " modal "morally in further, "loose This administrators hi gh headwosen whi c h the political (possibly, and (1940:4). Ndebel e of He chiefs, not wi elded Ny ama ndot a custoas" of woaen" as also woman?) . aarriage insisting present, woaen be, and, early fact h o we v e r , aedi ua Ma n y i k a women feaale are, not ed on meat 1978: 242). one, insulted retaliation, f e ma l e only cattle, herself, and daughters generally has r e ma r k e d to "irregular ( 1985) mor e In use and f a t h e r ’ s peopl e Wher e spirit l egends all stereotypes stray cooked and position of t he whoa shall (Bourdillon capabilities. the disapproval, child society. I cattle t he agriculture, in minority in t hose of her Dz i v a g u r u spirits, 1946:60). to power l ess legitiaated all rain power Bazel ey not ed (Barr of who s p o t t e d of f r a g me n t dryland feaale a saall a chief brother’ s bring generally model stall "wife" r ai n-maki ng of won a n 11 bo t h p r o mi s i n g t he a a the appropriation her "only hanged f e ma l e daughter brother's offerring In of as t he of divorce ( 1923:61) woaen who l eaders of woman’ s t h o u g h t " . ‘But if their mo r a l s wer e weak, their capacity f or g o v e r n me n t was exceptionally 8 st r ong", as Bazel ey (now Mu t a r e ) and not after r epl aced t hree wer e were ( 1940: 3) In summar y ,- deat h primarily because not replaced “ an The t hen, it differentiated, notwi t hstandi ng reserved f or s u p e r i Hp o s e their Hen. on wonen characteristic Zi mbabwean Wonen In Colonial one on colonial t he issue I h a n d ,i shall Many factors t he colonial religious ( eg. and in the fanily syst em of here. external to period. the forces cha nge, rapidly that least t i mes, religious fro» areas to t he that taken by authority at c o 1o n i a l of been the t wo wer e by w h i t e s t Hen; was, Untali and as t wo Bazel ey disappearing". in sone women' s and of interrupt nai n whi ch aut hor i t y, d e c i s i on-ma k i ng this cause has hav e not r o l e s wer e political secular i n situations story p e r s o n a l i t y ” whi ch cha n ges and appear s been to to be ideological, affected wonen in period. to must be s e p a r a t e d indigenous i mmi g r a n t wonen traditional Education, wo n e n ’ s ( Hol l enann of predoninantly ( eg. concerning opposed although, to as girls) van to On s e l e n 1890 -1980: on t h e other, t he inpact cultures. The latter wonen duri ng diverse the in We bachel or to (I960) indigenous t o wn s , their shoul d housi ng relative combi ned period influenced roles 1958), the and f r om many society t he during women; nigration affected econony attitudes as history all provision boys argue colonial happened what educating of of ignore and replaced "social material the wer e happened f eHal e s howi ng t wo f e ma l e in Rh o d e s i a conversion groupings, shall duri ng strands on t h e has n odal inportant society i mpor t ant Two I t hose exclusion what the today? notwithstanding included into e x a mp l e s , had that, ext ended headwonen l and of is a ppe a r gener al So whi c h ni ne their deat h; tradition woul d but specific after institution pr ec o 1o n i a 1 Zi mbabwe, i whi ch onl y ex a mi n e d as alive. it, He districts still put not ed. I nyanga si»ply t hen (1940:4) urbanisation fanilies, not e on nines benefits l essen to f eHal e indicates, that larger bo t h and be and in ki n policy t owns ) gai ned f r om exposure to these a minority of women responded to these basi cal l y marxist examine in themes: women' s changes interests, detail t wo acce s s to and on the other, seems t0 me that t he women wer e Here I t he rendered mor e not l and dwel l rights to Nat i ve Land rights to wi dows and women' s landholdings wi ves, whet her holding, the similar or head. practices Instead areas, whi c h at ( and The of wer e in l a ws . introduced wi s h to These the of are) r egarded on l ook f or ms l egacy part of of new t i mes of colonial the f or ms foreign property period to and and un de r in whi ch of " pr obl e m" l aws of of clearly how t hose At the of case of the the of all as size husband. ca r d of best co n f i r me d f or of In each member s of t he jurisdiction of t he as t he as wel l women. production including traditional governing therefore, t he holdings dipping the mal e as as in wer e practices, Zi mb a b we ' s mi g h t , i t "social Act . and subordinate property, the For such wel l The name relations of men, one of these one whe r e by very ca[cu[ation only today's "traditional" at in falling the ways this marri ed, holdings as as exist. the issuing t he shown by of into registered livestock constitute not wel l -wor n on legislation has t hose di d to f e ma l e peasantry curtailed of entered the precolonial during was in ( 1981) polygynously wi ves to polygynously, size si mpl y or practice concentrating I they ideological t h ems el v es, here new still the chosen men. women wer e my relations. modal related wi t h these subsistence, t he upon have f r o# Zi mb a b we ' s of mar r i ed dependant s, itself the among t hose of keepi ng I property be dependent wi ves t he must S a i d z a n wa one-third t hough by period and their in paper different d e v e l o p me n t 1951. wi ves, househol d, wer e househol d wer e holding fashion, "family" family even governing against of this production me cha n i s ms monogamous l y f or of Howev e r , of influences economi cal l y wi t h subsequent secondary: pur poses means l aws peasant divorcees inception. t he colonial Act among or the uphel d Hu s b a n d r y seventh the on t h e wer e l and f or ideological during shall their interconnected hand; per sonal i t y H f r om have in peasant freehold cultures; t hem been wer e l a n d, and bot h expect ed to escape c l a s s i f i c a t i o n as " cust omar y" , as di d Christian mar r i age: but they property relations and t he di d not . There is, and of course, Bourdillon " c u s t o ma r y " such that t hat all as cu s t o ma r y coul d l aw I mani pul at i on has not in significant during do. This one f or i nduced by noting the that is flexible. the property in relations Shona of r ema i n der of the of to ways principles e x a mpl e f r a me wo r k Shona t he foreign In l aw, administration general i mpor t ant within period, ci r cumst ances rigidity ext remel y the colonial mani pul at ed particularly achieved consequences the societal in application was and changi ng testifies e x a mi n e " c u s t o m" how, to normally their bet we en rigidified ( 1 3 5 2 : x) shall of shown adjust s y s t e ms wer e connection generally Hol l enan paper , wi t h was legal cust om, this ( 1975) l aw it a cl ose of how this statutory of bl ack women who l aw, women in mar r i ed by Zimbabwe. Let me start Christian by noting rites under contributed that a they, mor a l ) to be to famil y his estate when the 1930 Land f or Wills Act by c u s t o ma r y was will: l aw. their blacks, legal property to up to devol ved rights building l aw cl aim require a will, statute t ha n specifically Native particularly rather recognise, woul d that and adj ust ment passed in it not t he Thi s property after wi t h his an respect 1933. But change the currently Act to this change today, u n de r in me r e l y woul d but review these in our ( as felt wel l legislators l and property In is title why t he to absence of the of di d property devolve issues as relations whi ch per mi t ted still who often freehold inheritance. children case Colonial and hav e a legal inheritance, c u s t o ma r y of have created Act Act ) husbands, shoul d i mpor t ant wi t h Marri ages their deat h. Ap p o r t i o n me n t such bl ack African property guardianship r e ma i n s are (the husband’ s p a t r i k i n , that di d educat ed according inheritance ( predomi nantl y mal e) legislature. Of many cases of disputed inheritance, one in particular illuminates colonial at t i t udes to t N 697, - an African 1957) also iaportant case i n t he In a 1955) Twel ve f ar #, l aw, managed but ma r r i a g e civil and had will. t he f r om The been property. to i mmo v a b l e divorce. the se cond, In turn, because eldest her then Co u r t t he si gned son. property. first t he relatives Master' s to native father, b e l o w, administration but , failed achieve on t h e "It of was the change reported Hi gh Co u r t at this f or one in u r ba n owned a f arm the Hi gh the was his of leaving finally t he f or m a awar ded heir to man ceded the and and first mar r i age therefore firstly in second his the mov abl e distribution phases, Cour t , Hi s without this a per mi t ted first gratuity the woaen bought c u s t o ma r y himself, this appendi cectoay. e mp l o y me n t . as to enancipation. jointly estate a cash three exaai ne dissolution his against in had f r om it subordinated intestate, of we owner t wo brother, appeal ed of the di ed who r e c e i v e d c o mmi s s i o ne r , submi t t ed 1 legal a t t e mp t e d colonial to younger If (R of t he to the native to t he Appeal distribution. professional verbatim he intended e me r g e n c y only The Ma s t e r further wi f e daughters, occurred Ma s t e r t he w i d o w' s s ou ght r epr oduce appeal an following and already their second administrator estate, the his v s. attitudes per B i t t e d becaus e s ons , as he and three The wi dow, This to a ppe a l , by no country. following church, had this he c o n t i n u e d man' s husband’ s co mmi s s i o ne r , The in c o mmi s s i o n e r hav e nat e while but de c e a s e d against his He the in hospital, wi fe to his property his in in of Dokot er a adainistration how c o l o n i a l st ood) he clarity. colonial l aw it contracted by native f ar m f ar m by case 1943, registered mar r i a ge one di ed in - as t h e precisely as earlier, fr eehol d exceptional the see coul d) policeaan years in we s h a l l l aw with established pr ecedent detail) even when wo sen as me e t i n g her advice. to the basis on t ook initiate native of that distribution the and a memor andum she memor andum, Thi s a rational commi ssi oner ' s legal before b eh a 1 f <3 > of whi ch discourse comment s and wi t h her I the < 4 > show, rationality. estate explained was l odged that any wi t h estate t he Ma s t e r ov er 12 the val ue Lav of £200 al so. At Execut or over is this Dative the not aeeting of estate the and I Law and coul d the it hav e be by Native Native Estate. wher e representatives Cu s t o a admi ni stered I Law believed now coae to H or t he t he adainistered but Coaaissioner understand was only in Hartley his son Native conclusion t he estate cot es that of was was Law in appointed declared t ook there the Eu r o p e a n heir place. is late My no N a t i v e Dokot er a as I' the following Law and 1. Cust oa. Dokot er a demanded of facts Law and the The c o a a i s s i o n e r by the Christian owner gr ounds of y ounger " 2. money death. take f arm - if f or M and of his Dokot er a buyi ng of discuss lobola. does not a the following of Native seriatia: number Dokoter a constitute of head di d not the of pay cattle these validity of as head Native exception)." was his deserted proaised as This had to and girl "Lobola Lobol a non-pa y me nt 1943 the strong replied: brother In his rites. of H’ s d a u g h t e r of (I Dokoter a be i n t e r e s t i n g father until Cu s t o a prove. will mar r i ed by cattle It will is not finally wi fe essential pai d and lobola, an at offspring the f ar m t he r equi r ement dat e wer e woul d of death. taken still to Dokot er a away evolve a mar r i a ge froa [sic] hia to is on D’ s offspring." buys the f ar m f a r m. in conjunction Thi s is not in wi t h his wife, conformity bo t h wi t h contribute Native Law and Cust oa. ” On this point "Dokot er a is she in pai d the commi ssi oner ’ s "appointed" money - owner but and response M [his this is not his wi f e wi dow! a shows mi g h t material legal have irresponsibility: trouble point to proving that issue." (My himsel f was the e mp h a s i s . ) " 3. Dokot er a worki ng. Hi s Experi mental and appoi nted wi f e Far m as attended good as to manage many many f ar m the agricultural ma n a g e r s . f ar m while courses This is he in against Gov er nment Native Cust oa. " O Law Itre t h e lor a c o HMi s s i o n e r ' s wi f e i ppoi nt ed ‘ 4. to wor k manager On the cattle on the This not ed t he endearing: doi ng suppplies they is hardly light "It is good agricultural nat i ve cust oi and to be suppl i es al l wor k evolution". Dokot er a f ar #, is fields a natural f ar# ma i n t e n a n c e . " Cor r ect " in is the answer do against only i #pl e#ents. ploughing) Native c o m mi s s i o n e r silking) Law and " no The wi f e practical [sic] whol e far# Gu s t o # . " cattle on the f ar# - but agai n not ■at er i a I . * two parties The " 5. 'Whether the l aw n#at er i a I t he present Law and Native c u s t o ma r y Thi s s ay s ". Cour t s I aw narried parties Mar r i ages Native wer e night are of Act ( no. Christian living response Act be by 1952) by according t he appear s 33 of in to native c o mmi s s i o n e r , to 19 3 7 ) , inapplicable rites." ignore whi ch cas es invoking section envi saged wher e cu s t o# 4(1) the traditional or not > section of the is 14 of earlier possibility that culture been had abandone d. " 6. Buyi ng To t h i s s i mpl e "Therefore of All There shown of t he the estate. no while case They not in offerred light of these to are why Cour t ) who We L a w. " no a n s w e r , facts it f or bee ones deny that been Native Law. ma nagi ng a p pe a l of fell solicitors) had that] to Dokotera's first fir# Native there there can narriage is be none. by consunal existence of the [sic] Native ca s e . has a ar gued et c. repugnant r eason this un de r is this she cone there partnership) abov e ) Hi gh t he facts is property t ook in Cust o# these does l and truth) property) Law or As of to since appr ove wi f e the on shoul d f ar m deaf f or custosary the ears) who e n t e r e d t he not the di d not wi dow dispute commi ssi oner ’ s l aw to husband' s 14 y e a r s . " so into succeed cover wi t h and t he distribution t he her ki n Mast er of t he o wn e r s h i p and r ansmi ssi on st at ut e thi s rather l egal cover The l aw The wi dow' s of provisions to I common was, Successi on say itself native as t he Ma s t e r not shoul d effected of t he Hi gh Co u r t inherit the f ar m becau s e that, in cases individual ext ended be in of to terns concurred the i mmo v a b l e specific way by of wi t h section intestacy, capacity a very in 7 of heir at property. statute to ci r cumst ance. ar gued Native the that, Wills Deceased in Act of Estates accor dance 1933 had in Successi on wi t h t he nor mal effect been amended Amendment Act of 1954. you that this this Estates Act out the that Law that relating am of Successi on indicates Roman-Dut ch point provision the to on it was of Native to ie. but Act has appl y provisions and not are intended of only peopl e to and desi gned to to affect to in the the the in to codify intended been a st udy Europeans, its was not Hills Act , meant intestacy, wh o l e that t he Amendment it intestacy, vi ew in this amend the l aw native l aw intestacy..."<5> There to I di d his been Deceased l aw The l and instructive: by the generally. of t he of connection the is in t he of t he specified t hen statutes, by subject 1933 unknown reply wi dow had of l aw. succeed cust om cont ended modi f i e d the of p a s s a ge Master' s is but solicitors later "It c u s t o ma r y shoul d a previously the distribution Act wor ds , pr ecedence by t ha n Hills cust omar y other l and, opinion, the N a t i v e In of wel l in fact, Amendment that t he 5 hows as the celebre" As t h e Ma s t e r in on f or t hose pointed out mi nd the reference a p pe a l j udge t he [ Deceased was not v s. The Mast er , who to di d t he not a letter value of the later not ed: by the the wi dow' s Hi gh Cour t . the to see native assets in Deceased "it Successi on R & N 1957, wi s h to r ace Estates concei ved previously, a ppeal in no the Act di scussed decision "cause As of ( Dokot er a t hose Master' s Act . l anguage that spouses" "Bearing absolutely is 704) . a ppeal c o mmi s s i o n e r estate this deci ded was t o cust om m o d i f i e d the to For solicitors Thi s possible Amendment ] legislature p. not Estates t oo Act in appl y to r eason, to take become a greatly. concer ned: and also that t he point and raised also is to this individually) When this Cour t ) even out by I a p pe a l mor e the “ l oses of its an ab heir Successi on intestato, provisions wh i c h (the the statute... A perusal of doubt to term pp. a p pe a l 1954 I spouses. It women finally of surviving of t he appl y think, concerning whi c h is in t ook native l and case...* <6 > t o t he Hi gh decision ar gument laid provisions surviving of (the spouse variations of in 1933f Amendment ha v e natives) Ac t ] in that child's vi ew (Dokot er a a gr i ma statute portion" of v s. and essentially creates intended "a is t he the as similar E s t a t e s S u c c e s s i o n Act ] wh e t h e r life..." a wi t h effect coul d clear bet we en own l ower The the favouring Successi on not the itself. Deceased legislature mar r i ages j udge to mu mmi f i e d women. the of Ac 1 3 f to appeal ) uphol d that e n a c t me n t 1829 a test De p a r t me n t said) Act!) (the as of to appreciated an Estates wh e t h e r 1933 1e g i s t a t i o n continue in Kills to is phase Nat i ve to is a we l l - k n o wn Ma s t e r ) R Si N 703-4). rights He r e , to status provisions the as it t he per mi t t ed it decision judge really Deceased appropriate 1957, t he (the native inferior The Native decision Amendment are existed therefore later when his to bei ng regard final original appeal are and in the the force per haps third t han i mpor t a nc e Africans we s h o u l d its wi dow’ s l awy er s ) legal that j u d g e ’ s reasoning Estates appl y that instructive most now entered Deceased facie considerable office) feel dispute the was one of to we i mmo v a b l e Three white that spouses, Native made 1929 wh i c h Kills no the Act spec i f i c Act wer e when made general overridden applied by t 0 blacks; me n t i o n of r ace , evidence of precisely the provision the f or specific and that si nce 1933 Act woul d blacks. have " c u s t o m" deci ded - incontrovertible i ndeed, property men, t wo how it created - against in the executive previously wi shes post s of and non-existent blacks, one how c o l o n i a l in " c u s t o m" especially the l aw judiciary, bl ack not shar ed inly a tone of their in and l aw not ed comment s c o mmi t t e e want who to this a l aw conf or m Select to also and position" colluded Two to decades of the Co mmi t t e e century, same, whol esal e para. and and on of black entrench later, process women, their the of Testate as t he perceptions Rhodesi an socio-cultural and to be racial practices." of by resources, In it Intestate by this t he co n t e mp o r a r y havi ng t he same by the Front cha nge, Successi on ties of p. has sees social connect ed administration, i ndependent whi ch me r e l y to make of as personality wi t h but , women capacity become, women that 59) subordination subordination contained we r ecommend direction para. do not action... r e c o mme n d a t i o n s and of restrictive, Authorities integrally the women’ s and number legislative l aw, colonial increased undifferentiated by the 23, was increasing Tribal legislative t he ideology an i r k s o me c u s t o ma r y " c u s t o m" restricting of none (Report, also turn, ties these African differences society, of changed creation nowaday s women. . . [but ] [Therefore] appl y not is tribal severance 57). shoul d there African side-effect, part that famil y " west er n of i mpor t ant productive awa r e shoul d manipulation African is 22, report perpetuation the but distortion professional p. c u s t o ma r y in this find see (Report, very role practice. Parliamentary particularly This 'the that: Africans it of reveals, r econf i r med 1976 " Yo u r in vi ew administrative legislature when t h e certain to duri ng the as to men control t he past somehow b e i n g of a all "femal e" . Concl usi on This paper affected and bo t h to has women, colonial in their indicate women' s a t t e mpt e d roles bet we en to to present f or m and several property contexts; the do its some and reference in wi t h bet we en society. the to political identify connections positions and things: of the show the control fallacies to material relationship, in past ideological it precoionial concerni ng a different and bot h as " c u s t o m" , reality; aspect s and of I hope I hav e outright lies status of r anked l o we r of this - of black African either shown reflected very whi ch specified to representations me n > but is an and when there Chi l d evolutionary n a i v e > or the in and the the process f or ewar d to of consci ousness the that l aw in women emanci pat i on controls he contradiction of his superiors) his own later Southern was bet ween whi c h book . Rhodesi a) as social whi c h ‘ the cannot the or traditional situations perceive practices occupation of alleged whi ch not false Many (1958:69) he d i d policy explicitly wer e as wer e The Roy al Nicolle sai d> that: tribe Thi s colonial "legitimised" “...careful or whet her Certainly singularly st at ement Charter women. women inaccuracy official t han bei ng the regard or wi s e nation therefore and have expect ed in civilisation whi ch gave not the s h o wi n g a l way s to provision preserve) country shall t he a l ead African to the subsequent and c u s t o ms that cause cu s t oms tribal is l aws to to whi ch l aw the of the those the or belong... sought cust om. . . tribes changes influences evolve class a l way s and various reflecting subject and of l a ws respectively legislation African yet and parties Cust oms cha nge; society whi c h to withi Laws basi c had [disputing] interfere little any be in He the normal ly of moder n change..." ( Chi l d 19 6 5 : i ) . In s howi ng how w h i t e flexibility) was of averred on t h e It part had rights some this I attitudes have during those mal e shown t he of women) basis at in the those of construct construct was - and of and in precolonial potential in i ndeed modal period. least also colonial how t h e anthropologists accept ance bl ack and colonial a basi c against ideological of hope constructed writings who I mal e t he its black Thi s ( see legislation "social construct Gel f and satisfaction areas f e ma l e 1973 wi t h was f e ma l e interests reinforced their and by by c u s t o ma r y personality" as a c l a s s i c "unaffected" situation) distorted status the e x a mp l e ) ) in west er n by society influence. strengthening their competitors) this particular of Their accept ance accept ance bl ack by men. many women - has been graphically denonstrated society's values. together that wi t h its women can It by Ga i d z a n wa therefore legal and participate ( 19 8 5) , r e ma i n s material fully in if f or literature this i ndeed ideological underpinnings) national does to be construction) di smant l ed reconstruction in reflect the in or der new Zi mbabwe. Not es I at grateful presented to at Rudo Ga i d z a n wa 1. But the 2. hav e sone later 3. an I access religious become p a r t f ar m Memor andum) 5. Ma s t e r 6. of t he extant the who r ead (Krige the the of earlier of Sociology) t he Krige Ne h o r e k a who contained of and this in p a pe r ) particular itself. nay be an early its i n c u mb e n t Shona 1943) . and vested (chiefship) of draft nanuscript chiefship previously Ministry whi ch an Transvaal) and Char ewa f o r me r on Depart nent aspects f ar m Hi gh contents Ap t h o r p e , of of f i I e s > one the in mon a r ch y the to f or north-eastern account 4. April the a fenale grateful to of ( 1972) of years seninar and Raynond Lov e du Berlyn's that colleagues a staff to offshoot) my the nedi un had fifty role. Internal this in suggests Affairs f or permitting me Bl a n c k enber g> Salisbury) 11 memor andum. file. Cour t ) Salisbury) to Honey and 1957. Ma s t e r of t he Hi gh Cour t ) Mur er i > t he Salisbury) to Native C o mmi s s i o n e r ) Hartley) 11 1 957. Ref er ences Barr) Fr . Bazel ey) Beach, Berlyn, 1946 H. S. D. N. 1940 I 960 P.. 1972 Ma n y i k a rain g odde s s . headwomen. NADA no. NADA no. 17: THE SHONA AND ZI MBABWE 9 0 0 -1 85 0 . The s pi r i t of the keeper " c u s t o ma r y of Bour d i 11 o n , M. F. C. 1975 Is Bou r d i 1 I o n , M. F. C . 1976 THE SHONA PEOPLES. Bour d i 11 o n , M. F. C . 197S The cults of 23: 3 - 5. Gwel o: Nehor eka. l aw c u s t o ma r y ? Gwel o Dzi vagur u 60-2. Manbo P r e s s . NADA NADA ( Gwe r u ) : and Karuva 10, 4: 55-9. 11, 2: 140-9. Mambo P r e s s . amongst the north May eastern Gwel o: Cheat er , Shona peopl es. GUARDI ANS OF THE LAND ( ed) J . H. Schoffeleers. Hanbo P r e s s . A. P. 1983 Cattle organisation Child, In H. C. and and c l a s s class? Rights f or n a t i o n 1958 Fami l y and tribal 1965 THE HI STORY in to grazing Hsengezi . structure land, AFRI CA - status famil y 53,4: of 59-74. women. NADA No. 35: 65-70. Child, H. C. RHODESI A. Daneel , H. L . Dokot er a Fry, P. vs. 1970 The 1976 Ga i d z a n wa , Salisbury Institute Ga i d z a n wa , Mast er , 1981 of R. B. (Harare): Rhodesi a and OF PROTEST. 1985 OF TRI BAL LAM I N Printer. HI L L S . The Hague: Nyasal and C a mb r i d g e : PROMI SED LAND Soci al OF RECOGNI TI ON Go v e r n me n t THE GOD OF THE HAT0P0 SPI RI TS R. B. AND EXTENT 1957, Nout on. 697 -7 05 . C. U. P . (Unpubl i shed H. A . d i s s e r t a t i o n ) . The Hague: Studies. I MAGES OF WOMEN I N ZI MBABWEAN L I TERATURE. woman. NADA 10, 5: LAW. Manches t er : Harare: Col l ege Pr ess. Gel f and, M. 1973 The Shona H o l l e ma n , J.F. 1952 SHONA CUSTOMARY Hol l enan, J.F. 1958 The ( ed) P. S mi t h . Krige, E.J. and L e wi s , I . M. 1971 Ma c k e n z i e , NADA Mor kel , J . M. 11, 2: E. R. changi ng L ondon: Krige, J . D. ECSTATI C 1975 1930 The 1 943 14. Mu t u n h u , T. 1976 Nehanda of NEHANDA: dissertation). Radc I i f f e - B r o w n , H a r mo n d s wo r t h : industry: ancestral In AFRI CA IN TRANSI TI ON the QUEEN. L ondon: OUP f or IAI. Pelican. Njanja and t he iron trade, the spirit story of of the a woman Wa bu j a , Mt ok o. liberation NADA l eader 59- 7 0. THE HI STORY Harare: A. R. or Zi mbabwe: f i g h t e r . UFAHAMU 7 , 1 : 1983 women. THE REALM OF A RAI N REL I GI ON. Mondor o 11 - K. African 200-220. 7: Neusu, of M. U. P. Reinhardt. A precoionial no. and Max roles 41-50. OF THE MH0ND0R0 AND S V I K I R 0 S . University 1 9 5 2 STRUCTURE of Zi mbabwe, AND FUNCTI ON De pt , of (BA Hons History. IN PRI MI T I V E SOCI ETY. London: Ranger, T. Rhodesia Cohen and West. 1985 The i n v e n t i o n 1976 SUCCESSION. Sl oan, A. 1923 van Onselen, Heinrich, C. A.K.H. Guelo: of t r i b a l i s n . SUNDAY NAIL 25 August 1985 (p. 2) . REPORT OF THE SELECT COMMITTEE ON TESTATE AND INTESTATE Salisbury The b l a c k 1980 (Harare): vonan. CHIBARO. Government NADA, No. 1: J o hann es bur g: P rin te r. 60-9. Ravan P r e s s . 1977 THE TONGA PEOPLE ON THE SOUTHERN SHORE OF LAKE KARIBA. Hanbo P re s s . 0 21 This work is licensed under a Creative Commons Attribution - Noncommercial - NoDerivs 3.0 License. To view a copy of the license please see: http://creativecommons.org/licenses/by-nc-nd/3.0/ This is a download from the BLDS Digital Library on OpenDocs http://opendocs.ids.ac.uk/opendocs/ Institute o f Development Studies
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