A Story Of Harassment In A Legal Case

The prevailing death due to AIDS has revealed a discomfiting side of the communities where instead of protecting orphans properties, some people do confiscate them. Most often, the community people, for various reasons are afraid to stand on the side of the orphans or widows whose properties have been confiscated. Moreover, cases presented in court are delayed for up to 5 years or more before they are resolved. Very often, cases are resolved in favour of the grabbers.
The legal rights wing has been a source of comfort for many orphans and widows in such situations, most of who are either ignorant of their rights or are afraid to face or cannot afford to go through the legal process.
Patience and perseverance are HUYAWA’S motto when dealing with legal matters, and HUYAWA is behind the orphans and widows to make sure that they retain their properties. The story of Faustina is one witness to HUYAWA’S eventual success:
Faustina is a 30 years old widow and a mother of 5 children aged 5, 7, 8, 10 and 13. One of the children is an epileptic. The husband, Nicolaus died of AIDS in October 5, 2000. He was a primary school teacher and had a relatively big farm plot (shamba), and a solid house.
 Nicolas had borrowed 42,000/= Tsh from his good friend, Kalenzo. The agreement was that the money would be paid back with interest, amounting to a total of 120,000/= Tshs, after a certain period. He was not able to pay back on time because of ill-health. Although he later paid in two installments of 70,000/= and 50,000/= respectively, clearing the debt. Unfortunately, the agreement paper, kept by Kalenzo was not destroyed.
Meanwhile, Nicolas’ health condition was deteriorating. It was at this time that Kalenzo sued him in court with allegations that the debt of 200,000/= had not been paid. Nicolas was dragged to court on a stretcher for the hearing and his explanation was ignored. The judgment was passed that Nicolaus must pay his debt within 12 months in installments of 50,000 Tshs every four months. Two days after he paid the first installment, Nicolaus died and Kalenzo confiscated Nicolaus’s plot which he then sold to a Mr. Emmanuel for 600,000/= Tshs.
Emmanuel barricaded the house and ordered the family to move out.
He made sure that the family had no access to any piece of the plot and physically threatened to kill any one who disobeyed. This meant they had to go to the neighbours for toilet use.
Faustina reported the case to the authorities in November 2000, The magistrate kept on mentioning and postponing it for another date.  The community kept silent and did not intervene for fear of Emmanuel who has the reputation of being violent. Faustina did piece work for food and money to sustain the family. This went on for three years and because of the epileptic child, it was difficult for Faustina to work for long hours. HUYAWA provided food, bedding, clothing, moral support and counseling to the family.
With the backing of the District authorities, HUYAWA set the wheel rolling at community level in August 2003 and Kalenzo and Emmanuel were ready to relinquish the plot if they got paid 900,000 Tshs (900 USD),  meaning with an addition of Tsh. 300,000/=. Although for HUYAWA this was an outrageous sum, the widow’s feelings of leaving behind everything she had laboured for four years were to be considered. When asked whether it was better to buy her a cheaper plot somewhere else she replied with big tears that: 1) This is the plot which they (herself and her husband) purchased and developed together. Her toil and bitter-sweet memories are around this plot.
(2) Her beloved husband is buried there and (3) The plot is in a vicinity of her birth place where she is known and in the event that she dies her children and the plot will be looked after by the relatives.
In the end, HUYAWA paid Tsh. 650,000 (USD650) only on 18th December 2003. It was worthwhile to pay redemption money if only to ease Faustina’s mind. Faustina and her children are now living peacefully and happily in their plot.

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