Lively debates at public hearings on new law :Tradition vs modern in new Marriages Act

THE new Marriage Act has sparked debate with some people expressing feelings of apprehension and grappling to understand some of the provisions of the law such as how it will impact those in polygamous unions, especially regarding legal protections and rights.

The apprehension stems from various aspects of the law that citizens find challenging to understand. Some of the contentious issues reflect the broader societal challenges of aligning modern legal frameworks with traditional practices and beliefs.

The new Marriage Act seeks to consolidate the law relating to marriages and ensure that parties to all types of marriages have equal rights and obligations. The Act introduces new laws and amends the existing marriage law regime.

The new Act sets the legal age of marriage at 18 years for both girls and boys, aiming to eliminate child marriages. While this provision has been widely praised, it also raises questions about its enforcement and the cultural implications in certain communities.

It also recognises civil partnerships, granting rights to couples who live together without formalising their union through marriage. This recognition has led to concerns about the implications for property rights and inheritance, especially among those who are not formally married.

The new law distinguishes between monogamous and polygamous marriages and attempts to harmonise customary and civil marriages, which has led to debates on how traditional practices will be integrated into the formal legal framework.

It emphasises gender equality in marriage, which has been met with mixed reactions. While some view it as a progressive step, others are concerned about how this will interact with cultural and religious norms.

During a public hearing organised by the Ministry of Justice, Legal and Parliamentary Affairs in Lupane yesterday, some members of the public expressed concerns regarding certain provisions of the new law.

The participants also expressed divergent perspectives on key aspects of the new Marriage Act such as provisions related to marriage ceremonies, registration procedures, rights and obligations of spouses and dissolution of marriages.

“We recognise the importance of updating our legislation to adapt to changing times. However, it is essential to ensure that the rights of all individuals are protected under the new Marriage Act,” said one participant.

The amendments to the Marriage Act, which were officially implemented last year, have left many citizens divided on the issue of marriage equality and the definition of marriage in the modern era.

“Marriage is a sacred union between a man and a woman. That is why God said a man must have one wife. This issue of altering Godly laws is unheard of. Also, the issue of inheritance and property dismantlement in cases of divorce must be carefully explained,” said another participant.

“We need clarity on how property is dissolved, who gets what and how it is done?” asked one woman.

Others quizzed and questioned if the new regulations fully addresses topical issues such as bigamy, where a party enters into a monogamous marriage, with another person other than his/her spouse.

“What are the implications of the Act on cases of bigamy? Does the Act have laws that govern it and what are the penalties,” said another man.

The new law introduced significant changes to the existing marriage regulations in the country, recognising five types of unions, which are civil marriages, registered and unregistered customary law unions, civil partnerships and qualified civil marriages. Each of the unions is governed by a set of laws that apply to specific unions.

A former magistrate, who was among the participants said: “I believe that these public debates are crucial in ensuring that the voices of all citizens are heard and considered in the decision-making process.

“It is essential for us to engage in meaningful conversations about the impact of the amendments to the Marriage Act and to work towards finding common ground on this contentious issue.”

Director of the Law Development Commission, Ms Netsai Zvakasikwa said public debates create an opportunity to promote awareness and understanding of the complexities surrounding marriage laws.

She emphasised the importance of creating a safe and inclusive space for discussions on the Marriage Act, saying debates play a crucial role in promoting dialogue.

“These efforts to facilitate these public debates play a crucial role in promoting dialogue, respecting diverse viewpoints and upholding the values of equality and fairness.

“These debates also seek to unpack, demystify and dispel myths that have been in circulation,” said Ms Zvakasikwa.

“We believe that through constructive conversations, we can move closer towards building a more inclusive society that respects the rights and dignity of all people.”

Ms Zvakasikwa said the debates will equip members of the public with a conclusive legal framework on the different types of marriages under the Marriages Act.

“The reason behind the introduction of a definitive legal framework to govern relationships that fall within the ambit of civil partnerships was to cure the rampant mischief that befell a significant number of women and children of such relationships, including women and children in unregistered customary unions,” she said.

The ongoing public debates on the Marriage Act are expected to continue in the coming weeks, with Government committed to ensuring that all voices are heard. Ms Zvakasikwa said the debates aim to gather diverse perspectives on the implications of the new amendments and to address the concerns raised by various stakeholders.

“We recognise the significance of the new Marriage Act and its potential impact on individuals, families, and communities across Zimbabwe.

“These public debates provide a platform for citizens to express their views, raise questions and contribute to the shaping of this important legislation,” she said.