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The Rhodesia Herald,
March 2, 1978
A MAGISTRATE described as “most unusual” a case heard at the Salisbury Magistrates Court yesterday, when a man and a girl were charged under the Marriage Act with marrying without the consent of the Minister of Internal Affairs.
The earliest age at which people in Rhodesia may marry without the Minister’s consent is 16.
The girl in this case was 15. Because the girl was a juvenile the magistrate ordered that no names be mentioned.
Both pleaded guilty to the charge and were represented by Mr Byron Venturas, who said the man who was 32 years of age, had lived in Rhodesia for 21 years and was a Rhodesian citizen.
While on holiday in Greece in 1976 he had met the girl, who was working there. She was a mature, well developed girl and he thought she was 21. They became friendly.
In Greece, he said, it was customary for girls to marry at the age of 12 provided they had the permission of their parents, and the marriage was legally recognised.
The girl came to Rhodesia in April 1977, with her mother and they stayed with the man’s parents.
Both families thoroughly approved the marriage, and they started planning the ceremony.
Then the man applied to the Immigration Department to have the girl’s visitor’s permit extended and discovered that under the law, because the girl was not yet 16 they had to have the Minister’s permission.
The man immediately applied to the Minister. But there were delays and time was passing.
They decided that, to get round the Rhodesian law, they should go to Greece, marry and return. The man applied for leave, but was granted only 13 days, which was insufficient.
The girl’s parents had arrived and both families were anxious to hold the marriage ceremony as soon as possible.
In the belief that the Minister would not refuse him permission, they decided to go ahead, and they held civil and religious ceremonies.
Now the girl’s visitor’s permit had been extended to March 14. The man would renew his application to the Minister immediately, said Mr Venturas.
A complicating factor was that the girl was two and half months pregnant, the court was told.
The magistrate, Mr Terry Scott, said the legislation was designed to protect people who were too young to exercise judgment, but there were a number of mitigating factors in this case. He cautioned and discharged both the man and the girl.
LESSONS FOR TODAY
Child marriages are a cancer that has been eating away the fabric of society for a long time, despite the existence of laws that try to protect the girl child.
It was and still is a crime to marry an under-age girl. In Zimbabwe the age of consent is still 16 but despite that, we still have instances of girls being married off at a much younger age which is deplorable.
Law enforcement agencies and the judiciary should ensure that all the people involved in facilitating underage marriages are brought to book and that they are prosecuted to the full extent of the law to deter would-be offenders.
People should respect the law and always follow proper procedures even when doing the right thing, because in this instance, the couple fell afoul of the law. They were impatient and too eager to get married even without the requisite approval.
Peter Tanyanyiwa
Online Reporter