The LRF Newsletter

Mr. John Mulenga of Lusaka’s Msisi Compound told Mrs. Beauty Ngoma of Chilenje Legal Advice Centre that his daughter, Jessie Sakala, was married to James Sakala for twelve years. The two did not have a child in their marriage. After being married for five years, James had a child with another woman. He brought the child to stay with them when it was four years old. Three years later Jessie died. She was a teacher by profession. Out of the benefits that were gotten from Ministry of Education, 50 per cent was given to the child. Mr. Mulenga has challenged the decision of the local court that awarded the child 50 per cent.

Legal Resources Foundation (LRF) Lawyer Ngulube Anderson said this child is not entitled to 50 percent of the estate because it was not the deceased’s child. He said the child would only benefit as a dependant which is 10 percent of the estate. Mr. Ngulube said that even as a dependant, the one to benefit as a dependant must be one whose welfare was being taken care of by the person who died. If the person was a responsibility of the deceased, they cannot be treated as dependants just for the sake of benefiting. He said the child would only have benefited 50 percent of Jessie’s estate if Jessie had legally adopted it.

Mr.Ngulube said the Local Court has no jurisdiction over distributing an estate worth more than K50,000. The Local Court only has powers to appoint administrators for such estates.

Mabwe Chipazhya another LRF lawyer said that this child is entitled to 50 per cent of Jessie’s estate . He said in terms of section 3 of the Interstate Succession Act, Chapter 59 of the laws of Zambia, ‘child’ means a child born in or out of marriage, an adopted child, or a child conceived and not yet born. He said the child is a child of the family and there for it is entitled to the benefits.

Ignatius Chongwe another lawyer at LRF said as far as the law of interstate succession is concerned, while it is appreciated that the child lived with the deceased, it would not appear to him that in order to be a beneficiary, there must be something more to make the child related to the deceased.