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.