Kangai's first widow awarded US$345 000 share from estate

Ms. Esther Chatindo, the first widow of Zimbabwean national hero Kumbirai Manyika Kangai, has been awarded US$345,750 in maintenance from his estate, marking the end of a decade-long battle for recognition and justice. The ruling also sheds light on the complexities of Kangai's personal life, which remained largely overshadowed by his towering contributions to the liberation struggle.

Kangai, a key figure in Zimbabwe's fight for independence, passed away on August 24, 2013, and was buried with full honours at the National Heroes Acre. However, his death revealed disputes over his estate, valued at an estimated US$8 million, and the fraught relationships he left behind.

At the center of the legal battle was Ms. Chatindo, Kangai's customary wife since 1957. Despite their separation when he joined the liberation struggle in 1964, she maintained that their customary bond endured until his death. Yet, she was omitted from his will, igniting one of Zimbabwe's most contentious inheritance disputes.

Ms. Chatindo sought justice under the Deceased Persons Family Maintenance Act, claiming maintenance to the tune of US$345,750 - calculated at US$2,401 per month over 12 years - or equivalent immovable property from Paarl Farm. Her case named the estate's executrix dative, Pauline Mandigo, along with Mirriam Rehwai Kangai, another widow who formalized her marriage to Kangai in 1981, and several of Kangai's children as respondents.

Mirriam Kangai fiercely opposed the claim, arguing that Ms. Chatindo's customary marriage was invalid and asserting herself as the sole surviving spouse entitled to the estate. This challenge set the stage for a high-stakes courtroom battle, testing the legal and moral frameworks surrounding marriage, dependency, and justice.

In her judgment, Justice Emelia Muchawa meticulously examined the evidence and delivered a ruling that upheld Ms. Chatindo's claim. The court affirmed the validity of customary marriages under Zimbabwean law, even when unregistered, and recognized Ms. Chatindo's 56-year bond with Kangai.

The judgment highlighted her immense sacrifices, including raising their children under challenging conditions, enduring interrogation by Rhodesian authorities, and living in exile during the liberation struggle. Even in her later years, she cared for her grandchildren after her daughter's passing, solidifying her role as the family's matriarch.

At 83, Ms. Chatindo suffers from arthritis and is wheelchair-bound. Her modest pension is eroded by inflation and insufficient to meet her medical and living expenses. Justice Muchawa found that her financial need was genuine, and her claim did not unfairly disadvantage other beneficiaries, all of whom are independent adults.

With Kangai's estate valued at US$8 million, the court determined there were sufficient resources to meet Ms. Chatindo's claim. Justice Muchawa ruled that the plaintiff was a qualifying dependent under the Deceased Persons Family Maintenance Act and ordered the payment of US$345,750, with the option of immovable property if cash payment was unavailable.

"It is therefore my clear finding," Justice Muchawa stated, "that the plaintiff was a surviving spouse of the deceased and therefore a qualifying dependent in terms of the Deceased Persons Family Maintenance Act."

The judgment not only rectified Ms. Chatindo's exclusion but also underscored the importance of recognizing the sacrifices of women whose contributions often go unnoticed. It highlighted the enduring relevance of customary law in Zimbabwe and set a precedent for similar cases.

For Ms. Chatindo, the ruling was a long-overdue acknowledgment of her role in Kangai's life and legacy. For Zimbabwe, it was a reminder of the need to honour the invisible contributions of women who stand behind the nation's history-makers.