By Nasratu Kargbo
A widow remarrying outside her late husband’s family is set to lose possession of land in the provinces belonging to the deceased, following the enactment of the Customary Land Rights Act 2022 by the Parliament of Sierra Leone on Monday.
The law however gives authority to the children of the widow to take full ownership of their father’s land.
Section 7 sub-section 4 of the Act says: “The surviving spouse of a deceased member of a landowning family shall be entitled to live on and enjoy the benefits from the deceased person's family land unless the surviving spouse remarries outside the family”. Though the law focuses more on widows, lawmakers asserted it’s also applicable to the widower in case her late wife leaves behind the land property.
This indicates that if a widow or widower remains unmarried or marries within the family, they can enjoy the benefits until they decide to remarry.
The lawmakers had a heated debate earlier in that area of the Act especially considering the fact that a woman in particular upon remarrying after her husband’s death, can automatically stand to enjoy land rights at her current matrimonial home.
The Land Commission Bill was also enacted by Parliament on the same day.
Talking to journalists after the bills were passed into law, the Minister of Lands, Housing, and Country Planning Dr. Turad Sennesie said the new Acts will be very relevant to the nation, citing the National Lands Commission Bill which seeks to address title registration of instrument and the setting up of grievance redress mechanism. He stated that the bill will help in resolving land issues.
Whilst pointing out some unique strides made in the Customary Land Rights Act, Dr. Sennesie explained that the Act gives the right to every Sierra Leonean to own and access land anywhere in the country. He added that the Act gives recognition to women in order for them not to only be land users, but also land owners. He noted that this will be a precedent set in the sub-region.
When asked how the bill will tackle the land disputes in the country, especially in mining communities, the minister pointed out that there is a whole section in the Act that covers responsible investment in the country. He explained that the section talks about how lands will be acquired, used, disposed and when there is a need for resettlement. The minister noted that the Acts will ensure there is peace and harmony right across the country.
On the mechanisms set aside for popularisation of the Acts, he said Civil Society, the Media, MPs, and Paramount Chiefs will be actively engaged in popularising them right across the country.
Krios can now own land in the provinces, unlike in the past, and women also can now have an equal share of their father’s land as their male siblings. Another significant gender-related development is the provision in the customary land rights law that at least thirty percent of land committee members should be women, creating an opportunity for them to be actively involved in settling land disputes.
The two laws passed have been described by many Sierra Leoneans including Land rights and women’s groups as progressive and nationalistic.
However, some investors feel threatened by the Customary Land Rights Bill, saying that it will be difficult to engage with the many land owners involved in a particular piece of land.
Copyright © 2022 Politico Online (10/08/22)
