Number 61                                                             February     2004
Widow Places Caveat On Matrimonial Home
By Madube Pasi Siyauya
Livingstone Legal Resources Foundation (LRF) has assisted a widow to place a caveat on her matrimonial house to prevent the administrator from selling it.
Livingstone paralegal, Patricia Phiri told LRF News that the widow Rose Mubita consulted her office in order to assist her place a caveat on her matrimonial house and also assist her get her late husband's benefits.
Mubita told Phiri that her husband of 17 years worked for the Livingstone City Council for 11 years, they had no children but left behind two dependants.
She said the administrator to the estate, John Chalwe collected over K6m on November 10, 2003 without giving her anything.
She said she decided to report the matter to Livingstone Victim Support Unit who sent a call out to him in order for them to have a meeting.
But the administrator instead wrote a letter to Mubita informing her that she should get her share of benefits from the council and that he was going to Livingstone to sell the matrimonial house.
She said she took the copy of the letter to the Council, where the council showed her a payment voucher indicating that the administrator had collected some money.
At this point Mubita decided to seek assistance from LRF.
Phiri advised her that according to Cap 59 of the Interstate Succession Act of the Laws of Zambia she had a life interest in the house and would stay in it until she remarried whether she had children or not.
She told her that since there was only one house the administrator had no right to sell it.
Phiri also wrote a referral letter to the local court to assist her in suing the administrator for the benefits he collected. Mubita thanked the LRF for assisting the underprivileged people like herself against being abused by administrators.