Writer: Irene Namyalo. PHOTO/FILE
The forced eviction of widows from their land by heirs is an escalating crisis in many communities, highlighting deep-rooted conflicts between traditional customs and modern legal systems. This issue is especially pronounced when it comes to land inheritance, where tensions between widows and heirs, typically male, are becoming more visible.
Traditionally, many cultures reserve the role of heir for the first male child. Both the Bible and the Quran support this, portraying the male heir as the responsible guardian of family property and well-being.
According to Uganda’s Succession Act 2022, an heir is someone recognised by community customs or, in the absence of a will, the person entitled by law to inherit.
Ideally, heirs are raised to care for family members and uphold family values, often under their father's guidance.
However, societal views on inheritance are shifting. Increasingly, parents are choosing daughters as heirs, challenging patriarchal traditions.
A prominent example is the late Ugandan Prime Minister Apolo Nsibambi, who named his eldest daughter, Rhoda Nakimuli Kasujja, as heir. This move sparked backlash, especially in the Buganda Kingdom, where many consider inheritance a male domain.
Kingdom officials criticised Nsibambi’s choice as placing modernity above tradition. If someone of his political and social stature faced such resistance, it raises serious questions about the treatment of ordinary people.
Still, President Museveni supported the decision, suggesting that daughters, too, can responsibly manage family legacies. His endorsement signals a shift in national attitudes toward inheritance and gender equity.
Despite these developments, many widows face immense hardship, often at the hands of their own children. Some male heirs, emboldened by outdated customs, attempt to drive their mothers off family land. Widows who contributed equally to the acquisition and upkeep of property find themselves vulnerable to exploitation, with cases of children selling land without consent, leaving mothers homeless and financially ruined.
The failure of leaders and local authorities to protect widows worsens the problem. However, the Succession Act 2022 aims to curb this injustice. It explicitly prohibits the eviction of widows, widowers, and orphans and imposes strict penalties for violators. Offenders may face fines of up to 168 currency points, imprisonment for up to seven years, or both.
Importantly, the law limits the heir’s share of the estate to just one percent, with the rest distributed according to the will or legal guidelines. A will leaving everything to a single heir is considered invalid unless the heir is the only surviving beneficiary—a rare scenario under Ugandan law. This legal framework strengthens protections for vulnerable family members and holds offenders accountable.
Nevertheless, a significant gap remains between law and enforcement. Many local officials and law enforcement officers are unfamiliar with the Succession Act, limiting their ability to intervene effectively. Public awareness is also lacking, leaving many widows unaware of their rights and without recourse.
Addressing this crisis requires widespread education about the law and the importance of respecting widows’ rights. Communities must understand that inheritance is not merely a cultural matter but a legal one. While cultural norms evolve slowly, upholding the dignity and security of widows must be an immediate priority.
In conclusion, the eviction of widows by heirs is a stark reminder of enduring gender and generational struggles. Though inheritance has long favoured male heirs, growing recognition of women’s rights marks meaningful progress. Legal reforms like the Succession Act 2022 provide a foundation for justice—but only if they are known, respected, and enforced.
The writer, Irene Namyalo, is the community liaison for Redeem International, a legal aid organisation that protects the rights of widows and orphans against property grabbing.
