“If only I had known about the Devolution of Estates Act I will not have regretted why I got married to this family 5 years ago because I should have registered our marriage but because I was not aware, am paying the price now,” 47 year widow, Aminata Kabia, told me after 22 years of cohabiting, she had been sent out of her matrimonial house with her four children one year after the death of her husband at Makoba Bana village.
Makoba Bana is located in the Makoba section, Mala Mara Chiefdom in the Tonkolili district some 64 miles from Magburaka town, the district headquarters of Tonkolili approximately 174 miles from Freetown via Makeni highway.
Malal Mara chiefdom is an amalgamated chiefdom with the present Paramount chief residing in Mara chiefdom across the Rokel River which is accessible through canoes, locally made boats or very costly transportation with commercial motor bikes. Before the death of the former Paramount Chief of Malal chiefdom, Bai Lal N’Soila II in 2011, cases of culture and tradition especially one that surrounds customs, land, marriages and traditional societies were addressed in his hut in Rochen town but with his death, every major case has to be taken across the river to be looked into.
The passing into law by government of the three Gender Acts especially the Devolution of Estates Act 2007 for many, was to address issues affecting women in particular, especially those in remote communities who are described as very “vulnerable and unfortunate”. This did not seem to be the gospel truth.
She dropped her face into her palm and sobbed with tears running down her cheeks. She is a potrait of suffering, for the past years, lots of stress, intimidation and harassment from the brothers of her late husband.
Despite the Government enactment of the Devolution of Estates Act of 2007 which deals with equal rights to inheritance of properties of bereaved husband or wife with or without a written document on how those properties should be distributed among the bereaved family including the wife/husband, children and extended family; more women in particular said they have not been fairly addressed with this Act.
Part two of the Sierra Leone Devolution of Estates Act Section Eight (8) clearly states the manner in which properties can be shared especially in a situation where there is no ‘WILL’ left by the deceased.
Widow’s Inheritance is a widespread cultural practice in the country. Inheritors can be brothers or cousins to the widow’s late husband.
The weight of tradition
Pa Abdulai Conteh is the eldest member of the Conteh family to whom Madam Aminata Kabia was married. He said that their tradition demands that after death of any of the brothers, everything belonging to the late man automatically becomes their family properties including the children, wife and any assets. He said in a situation where the wife fails to subject herself to any of the family members that want to have her as his wife, the woman will be sent out of the house with no benefits.
The old man went on that, “In the situation of madam Aminata, two of my younger brothers have shown interest to have her as their wife but she ignored both at different times. Her action is not only disrespect to our tradition here but also to our family because we will not allow another man to take care of our late brother’s children” he insisted.
Mr. Ibrahim Kamara is the Gender Desk Officer in the Ministry of Social Welfare Gender and Children’s Affairs. He described the action by relatives of the late man as a violation of the Devolution of Estate Act of 2007, which according to him, gives equal rights to women, children and men to have a share of either the late woman or husband’s properties.
Pa Santigie Kargbo, an elderly man in Rochen town revealed that, inheritance in the chiefdom according to their traditional practice, but before the advent of the three Gender bills, was based on surviving children and relatives of deceased especially the male child who was given the huge task to take responsibility of the estate.
He said female children were not allowed control of the inheritance because they are wives of other families and giving them a share in their father’s properties will mean giving wealth to a stranger when his family members are alive.
The Old man revealed that, “We do not entrust responsibility in the hands of a female child of any family based on those reasons originally, but with the enactment of the Devolution of Estates Act, tradition is now shifting its roles,” he pointed out.
The Tonkolili district Council Chairman Alusine Kamator Sesay revealed that in his community, after the death of a prosperous man, his family members will identify someone within the family to inherit both woman (wife) and children including the properties. He said the family will forcefully sit on all the properties immediately after the burial and the first family meeting where suggestions of in-family inheritance of the wife, children and assets will come up.
The Chairman said if the woman fails to comply with in-family marriage arrangement she will be sent out of the house and most times her children are maltreated by the extended family. He also confirmed that sensitization on inheritance is ineffective but noted that, women are also a contributing factor to their situation because according to him, they have not been complying in registering their marriages despite the reduction on cost and sensitizations on the importance of registering their marriages.
By Mohamed Kabba
Wednesday July 20, 2016
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