The issue of so-called 'family title' is a complex one, for which there is no easy answer, as Uganda has recently found out in the context of its Land Act of 1998. This has resulted in commercial banks being reluctant to accept property as collateral for home loans. The nominee would have to be a family member, nominated by the majority of family members, and with a fiduciary responsibility for the family. This represents a proposal rather than a practice that has been tried and tested in the field.
Examples are few and far between in Africa where women are still often treated as minors.
In South Africa, the Bill of Rights in the constitution is very progressive and outlaws discrimination on the grounds of gender, but this is not so across the region. For example, Lesotho has a dual legal system, comprising customary law and statutory law. This can lead to uncertainty as to which law applies. Under customary law, women are treated as minors and cannot be allocated land, inherit it or make decisions about its cultivation, management and use. A widow has the right to use the land of her late husband, but upon her death, the right passes to the first-born son.