The Gender ministry on International Womens day is reflecting on 30 years of operation of the intestate succession law popularly known as PNDC law 111.

Joy News’ Dzifa Bampoh has been looking at how the current law has worked and why the need for a new law.

“They locked the house for close to 2/3 years. We had to be chasing them to ask when are they handing over the house and they had the keys. They kept telling us stories that the elders had washed their hands [off] us. But finally they came and handed over the house over to us.”

Jennifer (not her real name) recounts the harrowing experience of the fight for her father’s property. With an older brother, she was a minor when her dad died five years ago.

“My mum was divorced. It was exactly a year after the divorce dad unfortunately passes away. [The family] insisted that since she was divorced she didn’t have to partake in any of the properties and it was just left with myself and my brother to face the world.”

Jennifer speaking to Dzifa.

Her father died intestate-meaning “without a will”. A situation which opens up the space for property grabbing; leaving countless Ghanaian women and children destitute.  

Private legal practitioner, Shiela Minka Premo says there was discrimination against women hence the need for the law.

“In Ghana people are either from a patrilineal or matrilineal system, the rules that apply depended on the personal laws of the person, the religion-Christian or Moslem and the type of marriage and each of the systems discriminated a bit against women.”

According to former Justice of the International criminal court and Professor of law, Akua Kuenyehia, who played a role at the time, gives this throw back on how the law came to pass.

“I think it was the second world conference on Women in Nairobi, Kenya, 1985 where every country was going to give an account of how they treat their women. And customary intestate succession law had created a lot of hardships. I am not sure that those hardships had disappeared now.

“Even though customary law claims to take responsibility for children and even the widow, in reality it didn’t happen. When the person died, the family came in took over everything. If you were lucky [the wife is] allowed to stay in the house if [not she]was thrown out with [her] children.

“There had been debate on and off [that] we do something about this because it is not really good enough [question- was there a mass movement?] I don’t remember a mass movement … of course the world was going to Nairobi and there was going to be an assessment of the rights of women and how each country was progressing. So we had the three laws passed PNDC Law 110,111 and 112 the most important being 111 [the intestate law].

“Of course the minute the law was passed it was obvious there was not enough consultation, there had not been preparation enough and you cannot by the stroke of the pen wipe out customary law.”

Once passed the intestate law provided for a surviving spouse and child/children. They are entitled to the house and everything in it also known as household chattel.

However, Section 5 to 9 of the intestate law provides varied scenarios for how property is shared; whether the deceased is survived by a child or children, or none, parents, the family and customary law.

Here’s Shiela Minka-Premo’s this assessment of the PNCD law 111.

“It is a very outstanding law and it has done a lot particularly to protect the rights of women and children. For me one of the key things was that we were under a military regime so these laws were passed by decree.

“So the government at that time having understood what the problem [with the inheritance system] having investigated the best solution to [problems with the inheritance system passed the law]”

For Jennifer, PNDC law 111 guaranteed her future.

“This law really helped cos [what] dad left was quite huge at least [it] saw me through university and it is this money that is catering for my needs education and accommodation. Even though mum was divorced then, her share came to us and indirectly she had a share in the property.”

The Gender ministry has put before parliament, a reviewed Intestate Bill which it wants parliament to pass before the end of this parliament.  

The new bill is necessary because of gaps identified in the current intestate law.

Which Shiela Minka Premo explains.

“One of the problems with the law … it indicates that one house is supposed to be set aside for surviving spouse and children. Then the rest can be regarded as residue which is supposed to be shared in some factions people find it very difficult to actualise the fractions.

“….if the assets are liquid it is easier to distribute when it is cash in the bank…if it is landed property let’s say it is two houses you’ve taken out one house then the remaining house what happens to it? There are ways you could actually work it out but people find it difficult.”

Furthermore, women in polygamous unions particularly Moslems were not benefiting because the Quran had a specific way of diving property, if there was a second or third family they were left out and if there was more than enough property to go round for those entitled to get more, it was difficult to address in PNDC law 111.

These are the gaps the revised Intestate Bill seeks to address. The bill deals with division of property after death while the Property Rights of Spouses Bill deals with division of property after separation or divorce.

Gender Minister, Nana Oye Lithur

The Gender Ministry is optimistic that it can lobby the parliament to take the two bills seriously and pass them bringing Ghana in line with contemporary constitutional and international obligations.  

Prof. Akua Kuenyehia wants parliament to give the bills serious consideration.

“Women form more than fifty per cent of the population. You can’t build the country with only half of the population this country can’t be built by men alone. Women have played a very important role in the building of this society and will continue to do so. So parliament has an obligation to take anything concerning women seriously.”