Categories of
persons who cannot marry in Zimbabwe
persons who cannot marry in Zimbabwe
With Fidelicy Nyamukondiwa
The Customary Marriages Act [Chapter 5:07],
the Marriage Act [Chapter 5:11]
and of course the Constitution governs marriages in Zimbabwe. The gazetted Marriage Bill, 2019 seeks to repeal and
replace the aforementioned two statutes and align Zimbabwe’s marriage laws to
the Constitution. This article outlines the categories of persons who cannot
marry in terms of the country’s marriage laws.
the Marriage Act [Chapter 5:11]
and of course the Constitution governs marriages in Zimbabwe. The gazetted Marriage Bill, 2019 seeks to repeal and
replace the aforementioned two statutes and align Zimbabwe’s marriage laws to
the Constitution. This article outlines the categories of persons who cannot
marry in terms of the country’s marriage laws.
Children
Section
78(1) of the Constitution provides for marriage rights and is in tandem with
International Conventions and Treaties to which Zimbabwe is a signatory. It
sets eighteen years as the minimum age of marriage.
However, at the time section 78(1) of the Constitution came into effect, section 22 of the Marriage Act allowed a sixteen year old
girl to marry provided the guardians consented. It also empowered the Justice
Minister to authorize marriage of boys under eighteen and girls under sixteen
years. The Customary
Marriages Act on the other hand, did not provide for a minimum age limit
for marriage
78(1) of the Constitution provides for marriage rights and is in tandem with
International Conventions and Treaties to which Zimbabwe is a signatory. It
sets eighteen years as the minimum age of marriage.
However, at the time section 78(1) of the Constitution came into effect, section 22 of the Marriage Act allowed a sixteen year old
girl to marry provided the guardians consented. It also empowered the Justice
Minister to authorize marriage of boys under eighteen and girls under sixteen
years. The Customary
Marriages Act on the other hand, did not provide for a minimum age limit
for marriage
The landmark Constitutional Court judgement of Mudzuru and Anor v Minister of Justice…CCZ
12/15 was a child marriages death knell. It declared the Marriage Act and the Customary Marriages Act unconstitutional
and held that with effect from 20 January 2016, no person below the age of
eighteen years may enter into any marriage, including an
unregistered customary law union or any other union
including one arising out of religion.
12/15 was a child marriages death knell. It declared the Marriage Act and the Customary Marriages Act unconstitutional
and held that with effect from 20 January 2016, no person below the age of
eighteen years may enter into any marriage, including an
unregistered customary law union or any other union
including one arising out of religion.
It’s been 4
years after Mudzuru was decided but
it is disturbing to note that child marriages are still prevalent in Zimbabwe.
Adults who in any way take part in child marriage arrangements must be
prosecuted under section 94 Criminal
Law (Codification & Reform) Act, Chapter 9:23. It is high time the relevant laws be aligned to the Constitution
to ensure the smooth running of the wheels of justice.
years after Mudzuru was decided but
it is disturbing to note that child marriages are still prevalent in Zimbabwe.
Adults who in any way take part in child marriage arrangements must be
prosecuted under section 94 Criminal
Law (Codification & Reform) Act, Chapter 9:23. It is high time the relevant laws be aligned to the Constitution
to ensure the smooth running of the wheels of justice.
Persons of the same sex
There has been growing
concerns and advocacy for Lesbian, Gay, Bisexual and Transgender (LGBT) rights
in Zimbabwe since the 90’s. The Constitution does not however provide for such
rights. Former president, the late Robert Mugabe was internationally known for
castigating the advocacy for LGBT rights. Section 78(3) of the Constitution
expressly prohibits marriage of persons of the same sex. Consensual sexual intercourse
between adults (sodomy) is an offence inviting a maximum penalty of one year
imprisonment or a level fourteen fine. The case of S v Banana 2000 (1) ZLR 607 (S) demonstrates how sexual intercourse
between persons of the same sex is frowned at in Zimbabwe.
concerns and advocacy for Lesbian, Gay, Bisexual and Transgender (LGBT) rights
in Zimbabwe since the 90’s. The Constitution does not however provide for such
rights. Former president, the late Robert Mugabe was internationally known for
castigating the advocacy for LGBT rights. Section 78(3) of the Constitution
expressly prohibits marriage of persons of the same sex. Consensual sexual intercourse
between adults (sodomy) is an offence inviting a maximum penalty of one year
imprisonment or a level fourteen fine. The case of S v Banana 2000 (1) ZLR 607 (S) demonstrates how sexual intercourse
between persons of the same sex is frowned at in Zimbabwe.
Relatives
Persons of certain
degree of relationships have always been prohibited from marrying since time
immemorial. The common law crime of incest was codified through section 75 of
the Criminal Law Code. If convicted,
a person can be sentenced to a maximum of five years imprisonment or to pay a
level fourteen fine.
degree of relationships have always been prohibited from marrying since time
immemorial. The common law crime of incest was codified through section 75 of
the Criminal Law Code. If convicted,
a person can be sentenced to a maximum of five years imprisonment or to pay a
level fourteen fine.
Section 75(2) lays down the degree of relationships
which can neither have sexual intercourse nor marry. Besides the common ones, also
included are relationships between; parent and step/adopted child (even above
18years), any person and his or her ascendant or
descendant, any person and a descendant of a brother or sister, whether of
whole or half blood and between any person and an ascendant or descendant of his or her former
spouse.
which can neither have sexual intercourse nor marry. Besides the common ones, also
included are relationships between; parent and step/adopted child (even above
18years), any person and his or her ascendant or
descendant, any person and a descendant of a brother or sister, whether of
whole or half blood and between any person and an ascendant or descendant of his or her former
spouse.
Other Categories
Besides children,
persons of the same sex and relatives, mentally challenged persons who cannot
comprehend the nature of the marriage contract cannot marry. Parties to a Civil
Marriage contract cannot marry as long as the marriage still subsist. Whilst a
man customarily married can marry another wife, a woman in the same marriage
cannot marry another husband.
persons of the same sex and relatives, mentally challenged persons who cannot
comprehend the nature of the marriage contract cannot marry. Parties to a Civil
Marriage contract cannot marry as long as the marriage still subsist. Whilst a
man customarily married can marry another wife, a woman in the same marriage
cannot marry another husband.
Fiat
Justitia Ruat Caelum!
Justitia Ruat Caelum!
