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Suzan`s plight stirs outrage, positive action
2008-03-02 10:02:23
By Staff Reporters
Dr. Lucy Nkya is shocked. So is Clarence Kipobata. Genoveva Kato, Victoria Mandali and Faustin Mzahula are also shocked.
Their shock was registered after reading the story about Suzan Reuben, a Form I orphaned student in Dar es Salaam who has lost property left behind by her dead parents to an uncle, administrator of her inheritance.
They read the story. They digested the contents. They fitted themselves into Suzan`s proverbial shoes. They asked for God`s mercy as they were troubled with inner feelings.
All of them felt Suzan’s double tragedy: Loss of parents, bitter as it is, compounded by loss of her legally binding property. Worse, to an executor of her inheritance!
``We must learn to leave a will. Even if you own a chicken, please write a will on it. It is the property you have that must go to the intended inheritors, ``pleads Dr. Nkya, Deputy Minister for Community Development, Gender and Children, angered by the negative events related to the 13-year old girl, twisted into a pauper although she had a potentially bright, happy future.
Without mincing words the minister notes: ‚The government is against all those administrators who snatch the rights of inheritors.
They misuse their responsibilities. They are a mistrust taking advantage of the already aggrieved children whose dead parents left not behind a will.
The country is finally waking up to the plight of the likes of orphaned Suzan Reuben.
A week-long nationwide campaign will be launched this week to sensitize the public on the importance of leaving a will, to allow legitimate inheritors get the properties and at the same time force inconsiderate and greedy executors of inheritance away from assuming inheritor`s positions.
Anifa Vakolavene and Reuben Magina are the dead parents of Suzan. Mother Anifa died in 1997 to be followed by the death of husband Reuben in 2000.
Both parents never left a will for their only child, and instead the executor of inheritance John Magina, sold off the properties of the deceased, proceeds of which he ostensibly used to settle debts left by his brother Reuben.
Legal and Human Rights Centre
Clarence Kipobata, Monitoring and Outreach Services Officer of the Legal and Human Rights Centre, says: ``It is criminal under the law to use inheritance meant for someone else.
In this particular case it is worse as it involves the man entrusted with the administration of inheritance.``
The centre is readying to help the girl to ensure that her wealth falls back into her hands.
The provision of legal assistance can be in the form of advocates to fight for Suzan’s rights in court proceedings.
Tanzania Women Lawyers Association
Director of Tanzania Women Lawyers Association, Genoveva Kato, says: ``It is sad and appalling. I am very shocked by such sad news about Suzan. This is a criminal case.
Please bring that child to us so that we provide her the necessary assistance.``
TAWLA chairperson Victoria Mandali, also annoyed by the sad story, says: ``Because of the prevalence of the problem from March 8 to 15 this year our institution will be launching a national campaign to educate people on the importance of writing a will while they are still alive. This will help children to inherit wealth left by their parents.``
She adds: ``Executors of inheritance do not own the properties but are supposed only to control them on behalf of the inheritors.
We have been receiving many similar cases from women and children whose properties have been taken over by the administrators. I suppose such administrators should be taken to court to answer charges``
Profession Centre Advocates
Lawyer Faustin Mzahula of the Profession Centre Advocates, Notaries Public and Commissioners of Oaths, Tax, International Trade and Investments Consultants, echo the legal framework that using inheritance meant for someone else is illegal and cr”Properties of Suzan are likely to go back to her hands if law experts exert their muscle.
This is a challenge to us. It is also illegal to sell property at a price below its value,`` he notes in reference to the observation that the house estimated by independent valuers to cost about 20m/- sold at only 4m/-.
The Government
The ministry responsible for children is cooperating with local government authorities to ensure that parents are writing wills.
``I am sure that the exercise will yield fruits since local authority officials are nearer the people. It will be easy for the policy to be enforced,`` says Deputy Minister Nkya.
She adds that her ministry is working with the Ministry of Justice and Constitutional Affairs to allow female children to inherit the land and other properties left by their parents.
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