Another chapter in one of Namibia’s most memorable legal battles will unfold on Wednesday when Ruby Eugen Kalomo walks into one of the country’s court houses.
For the past four years, Kalomo has been locked in a dispute with his half-sister, Carmen Carola Gaebert, to determine inheritance rights concerning their father’s estate — valued at about $785 000.
Kalomo is the illegitimate child of Eugen Georg Bergman: a Namibian businessman who died in 1998, failing to leave a will saying how his wealth should be distributed.
In the absence of this document, the case was dealt with according to a law Namibia inherited from the Roman-Dutch legal system, which does not allow illegitimate children any claim over their father’s assets unless there is a will to that effect. Kalomo’s half-sister, who resides in Germany, became Bergman’s sole heir.
Unlike many others in his position, Kalomo decided to challenge the matter in court — claiming that the existing legislation discriminated against him. Progress was slow after the case started in 1999. But, the passing of the new Inheritance and Maintenance Law at the end of last year proved an enormous shot in the arm for Kalomo.
The updated law states that all children must be treated equally with regard to inheritance, regardless of whether they were born in- or outside a marriage.
Kalomo’s case will mark the first instance in which the inheritance clauses of the new legislation are being put to the test, and members of the legal community are monitoring the court’s deliberations closely.
Magistrate Johanna Salionga says that if the ruling goes in Kalomo’s favour, it will set a valuable precedent.
”This is the first inheritance case involving two children and it will be interesting to see how the judges will deal with it. This case has dragged on for too long and we hope it will be finalised,” she said.
Says Kalomo: ”I will pursue the case to the end. Bergman is my father; he accepted me and took care of me since I was born. He paid for my education at good schools in Namibia and South Africa and no one can tell me that I am not worth being his son, now that he is dead.”
Toni Hancox of the Legal Assistance Centre of Namibia, who is dealing with Kalomo’s case, says attorneys will still have to cut their way through a thicket of legal issues — even if the case does go his way.
”There are still difficult issues to be ironed out, including claims of a will — which we think might not be a valid document. So, there is still a mammoth task ahead,” Hancox said.
The new law has been hailed as long overdue by legal experts, who say it will be of particular benefit to the elderly — many of whom have been put in the position of having to take care of grandchildren without any assistance from the children’s parents.
Defaulting fathers will come under closer scrutiny, as the legislation makes provision for ”maintenance investigators”: these officials will examine whether people who claim not to have the funds to support their children really lack money. Women will also be expected to pay maintenance if fathers are the primary caregivers of the children.
Another significant change relates to the fact that pregnancy and birth-related expenses can be included in maintenance claims, with fathers being expected to share responsibility for their children from the moment of conception.
A researcher and member of the Women’s Manifesto Network, Dianne Hubbard, says if implemented well, the new law will play an important part in ensuring that children are treated equally and that parents take better care of their children.
”The new law emphasises maintenance as a mechanism for the needs of children, instead of a power struggle between mother and father. It should be a step forward in putting children first,” she notes.
One woman who certainly hopes this will be the case is Veronica, who feels as let down by Namibia’s legal system as Ruby Kalomo.
Veronica has taken her former partner, Michael, to court more than 10 times in an effort to get him to pay maintenance for their five-year-old daughter.
During the first court appearance, Michael told the magistrate that he had six other children from different women that he was supporting. This led to a ruling that he should pay Veronica about $15 a month for their child’s upkeep — even though the girl’s education expenses alone amounted to $70.
Michael has defaulted even on this small amount, however.
”Our courts are very lenient with men,” says Veronica, adding: ”I don’t know what they think of women who have to struggle with a sick and hungry child while the father is relaxing somewhere. We always feel humiliated by the courts, as they make us the laughing stock of our partners.”
Namibian Justice Minister Albert Kawana has warned that the legal system will ensure irresponsible parents are brought to book — but added that it is a scandal the government should need to pass laws to force parents to take care of their children.
”What I can only say to those parents who neglect the well being of their children is that from now on the long arm of the law will catch up with you,” said Kawana. — IPS