THE WEIGHT OF TRADITION: A FAMILY’S FIGHT FOR SURVIVAL AFTER BEING DISINHERITED IN ZIMBABWE
By Urayayi Chikwetu
One fateful day, Ruzivo's father had left for work, promising to return with a sack of mealie meal for the preparation of dinner. But he never came back. A tragic accident at the nearby farm had taken his life, leaving Ruzivo , his mother, and 3 siblings, to fend for themselves. Ruzivo was only 14 years old.
Ruzivo's father had been the sole provider, and his death plunged the family into poverty. He personally owned some few livestock acquired from his earnings . He also was in possession of a herd of cattle and about 6 hectares of land traditionally allocated to him from his deceased father’s estate. The herd was the source of draught power,milk ,and manure for the 6 hectares of land where his family practised subsistence farming .
After the Burial of Ruzivo’s father , his father’s siblings called a gathering to distribute the deceased’s property . The herd of cattle was shared among the surviving brothers . The argument was that the herd was their deceased father’s wealth and tradition dictates that only his surviving children must enjoy it. Next to be shared was the six hectares of land . The brothers agreed to allow Ruvivo’s family to retain 6 hectares of land temporarily but when a need for land for any of the brothers arises , this piece of land may be reduced or taken to meet that need . As if this was not enough, the remaining livestock and other household goods were also distributed to various relatives leaving very little to Ruvivo’s family .Tradition was given precedence over bereaved family’s survival. Tradition, a supposed guardian of their heritage, instead became a cruel adversary.
The community, though sympathetic, was too preoccupied with its own struggles to offer much help and to some extent they believed tradition must be followed . Chihera ,Ruzivo’s mother thought several times that there must be a way out to reverse the way the distribution was done, however she was ignorant about the procedure to follow and institutions to approach .Nonetheless , Chirera , a woman of strength and resilience, did her best to keep her family afloat, but the burden was heavy. Consequently, Ruzivo, barely a teenager, was forced to drop out of school and take the job of herdboy in the locality to provide much needed income for the upkeep of his mother and other siblings .
Years passed, and Ruzivo grew into a young man, his heart filled with dreams of a better life. He longed to go back to school, to learn and gain the knowledge he needed to escape the cycle of poverty. But his dreams seemed as distant as the horizon.
One day, a glimmer of hope appeared. Chihera , Ruzivo’s mother being a strong and resilient woman decided to start a horticulture project on part of the 6 hectares of land. She grew various horticultural products throughout the year . The income from this project was enough to see her buy food and other necessities . Eventually Ruzivo was asked to leave his job as herdboy inorder for him to go back to school. He gladly accepted the call to return to school. Rumours were doing rounds that Ruzivo’s father’s siblings , the brothers , were planning to take the whole piece of land where Ruzivo’s mother and her children were dependent on for survival. Nothing had happened yet, but this resulted in sleepless nights for Chihera . She felt powerless and vulnerable.
With renewed determination, Ruzivo embarked on his educational journey with determination . He excelled in his studies, his intelligence and dedication earning him the respect of peers and teachers. After years of hard work, he graduated from business college with accounting degree, the first in his family to attain a university degree. He went to become a chartered accountant.
Chihera , Ruzivo’s Mother , through hard work acquired her own livestock including cattle ,goats , and sheep . All the siblings of Ruzivo went through school and but not all of them were successful. They were still dependant on the mother’s business for their upkeep .
Ruzivo got married to Tsiyenyoro who is an agronomist.They are really well to do . Tsiyenyoro has assisted her mother in law with crucial agronomic advice which greatly improved her productivity and quality of the horticultural produce from the land . She also imparted marketing skills on her . The quality of produce and marketing skills helped Chihera to get a very lucrative contract to supply a major retail chain with her produce in the nearby urban centre . The income from this major contract has led her to acquire a number of fixed properties in the said urban centre . These properties are bringing a health and steady inflow of rental income every month. Her standard of living and that of her not so educationally gifted children incredibly improved over the years.
As years go by , Chihera is now feeling tired and want someone to takeover the reigns of power to continue running the horticultural operations and the property side of things.She does not want her relatives to take all she have worked for in the name of tradition when she dies. As a result she wants all her children rich or poor to be only the beneficiaries for what she toiled for. She is not sure as to how to deal with this and decided to entrust this to Ruzivo and his wife . She thought a combination of financial expertise ,agronomy and marketing was going to ensure sustainability of the business . Ruzivo and Tsiyenyoro rejected the gesture citing possible conflicts with Ruzivo’s siblings .
Chihera was shocked by the rejection by Ruzivo and his wife to manage the family business . She is worried that the spectre of what she experienced after the passing away of her husband continue to linger. The question of who will inherit Chihera's thriving business, and properties ,a testament to her unwavering spirit, looms large. The risk of sibling rivalry threatened to unravel the very fabric of their newfound success.
What do you think about this? Which estate planning tool must Chihera adopt ? A will or a trust ? To assist you answer this question. There is a video I shared on GlobaljusticeTalk on YouTube channel entitled , “A will or Family Trust in Zimbabwe : Which one is the Best Option ? Click the link below to watch the video.
You are also free to call or send me a whatsapp message on +263 779 096 395 if you have situation or case similar to the one in our story above so that we search for the solution to your issue or case .