The Marriage Act [Chapter 5:15] (hereinafter referred to as the “Act”) seeks to repeal the current Marriage Act [Chapter 5:11] and the Customary Marriage Act [Chapter 5:07]. These two statues catered to the different marriage regimes in Zimbabwe. The Act looks to have all marriages in Zimbabwe governed by one statute.
In terms of section 2 of the Act, the President of the Republic of Zimbabwe will announce the date from which the Act will become operational:
1 Short Title and Date of Commencement
(2) This Act shall come into operation on a date to be fixed by the President by notice in the Gazette.
To begin with the Act pegs the minimum age of marriage at 18. There are various statues that have been amended as a result of this provision, such as the General Law Amendment Act. The Guardianship of Minors Act prior to its amendment provided for the marriage of a minor with the consent of their parent/s or guardian/s. The Act seeks to prevent the exploitation of child/ren by introducing a jail term and or a fine for adults that facilitate child marriages:
3 Minimum age of marriage
(3) Any person, other than the child concerned, who contravenes subsection (2), shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
[This provision excludes ONLY the child from criminal liability, and imputes the liability on the parent/s or guardian/s of the minor.]
The above cited provision seeks to safeguard the rights of the girl and boy child by advocating for the abolition of child marriage. This change will also curb the extent of sexual exploitation of the children by sexual predators.
Marriages in Zimbabwe are between two parties of the opposite sex (male and female) that are eighteen years of age and above. Despite neighboring jurisdictions observing same sex marriage it is emphasised that in terms of the laws of the country same sex marriages are not recognized nor marriages of parties that have a certain degree of relation. Section 4 of the Act provides that both parties to the marriage must consent to their union for it to be solemnized.
Another change that has been introduced by the Act is the addition of Chiefs as marriage officers when it comes to solemnizing customary law marriages in their districts.
Prior to the Act there were three types of marriages that were recognized under the laws of the Zimbabwe. The marriages are listed below in accordance to their hierarchy;
- Civil Marriages in terms of the Marriage Act [Chapter 5:11]
- Customary Marriage in terms of the Customary Marriages Act [ Chapter 5:07]
- Unregistered Customary law union.
The Act now recognizes more marriages in Zimbabwe.
- CIVIL MARRIAGE
This is a monogamous marriage, which means that only one husband and one wife are involved. In the event that a spouse marries someone else, they have committed the crime of bigamy. An offended party in this sort of marriage (by virtue of their spouse’s infidelity) may opt to sue for adultery damages.
- CUSTOMARY LAW MARRIAGE
This marriage is between one man and at least one wife; it has the potential to be polygamous depending on the male counterpart. Only the husband in this type of a marriage can marry more than one wife; with the wife in such a marriage not being able to marry another husband. The husband can sue for adultery damages in the event of infidelity. If the husband has only one wife, the wedding can be upgraded to a civil marriage, eliminating the customary law marriage.
- UNREGISTERED CUSTOMARY LAW UNION
This is a union where lobola is paid by the husband to the wife’s family, but the couple do not register the marriage hence the title unregistered customary law union.
The Act now recognizes in addition to the 3 marriages, the Qualified Civil Marriage and the Civil partnership. In terms of the Act the number of marriages that will now be observed in Zimbabwe has increased from the traditional 3. The marriages have certain aspects that make them valid in terms of the law.
Of importance to note is the fact that all the marriages will be equal in terms of the law. What this means in terms of Estate Administration and inheritance is yet to be discovered. The next article will focus on the new marriages that are introduced by the Marriage Act [Chapter 5:15].
This article is for general information purposes only. Please contact a Lawyer for advice.
