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ON 27 May 2022, the President of Zimbabwe, HE Emmerson Mnangagwa, passed into law a new marriages law, the Marriages Act (Chapter 5:15). This law brought a radical change to the Marriage laws in Zimbabwe with the Marriage Act (Chapter 5:11) and Customary Marriages Act (Chapter 5:07) being repealed. It introduced a civil partnership and a qualified civil marriage and also recognises an unregistered customary law union as a marriage. All marriages are entered into between men and women above 18 years of age. Facilitating marriage of children under 18 years is a criminal offence, as explained by an article published by www.mmmlawfirm.co.zw.
The law criminalised the marrying off of young women by their parents or guardians, following reports of rampant practise of the activity by scores of villagers in rural areas. Some would do so because of the poor financial position of the family, while some do so for religious and purely financial reasons. Nonetheless, it does not matter what reason would have been forwarded by those marrying off the little child, as the act is just criminal.
We are glad that the courts acted swiftly and convicted a man who was accused of marrying off his 18-year-old daughter. The man was sentenced to an effective six months in prison. The 46-year-old man from Empandeni East Village under Chief Tshitshi in Mangwe, Matabeleland South Province was early this week sentenced to 13 months in jail after pleading guilty to marrying off his 18-year-old daughter despite repeated warnings against forcing girls into early marriages.
The man, who could not be named to protect the victim was convicted and sentenced after pleading guilty to charges of violating Section 94 (1) (b) of the Criminal Law Codification and Reform Act Chapter 9:23 which classify “pledging of girl child” as a punishable criminal offence. The convict will, however, serve an effective six months after the presiding magistrate Joshua Nembaware suspended seven months for a period of five years on condition that he does not within that period commit any offence of which contravening Section 94 (1) (b) of the Criminal Law Codification.
The girl’s father, who had received R3 700 as lobola for his daughter, also faced separate charges of physical abuse. He was accused of assaulting the girl’s mother, for inciting the girl to flee the forced marriage. For the physical abuse offence, he was fined US$400 or two months in jail. In addition, three months’ imprisonment were suspended for a period of five years on condition he does not within that period commit any offence involving physical abuse for which upon conviction is sentenced to imprisonment without the option of a fine.
Online Reporter