Minister addresses misleading claims on new marriage law

Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi has responded to a surge of misleading social media posts regarding the 2022 Marriage Act, which unified the laws governing civil and customary marriages in the country.

In a statement released yesterday, Ziyambi emphasized that the Act’s primary change is the establishment of a minimum marriage age of 18.

“Recent social media claims attempting to explain the new Marriages Act (Chapter 5:17) are misleading and intended to create unnecessary alarm among the public,” he stated.

The 2022 Act consolidates two previous laws: the Marriage Act [Chapter 5:11], which governed civil marriages, and the Customary Marriages Act [Chapter 5:07], which covered registered customary marriages.

Ziyambi clarified that the new legislation does not alter the existing requirements for valid marriages, aside from instituting a complete prohibition on child marriages, in line with Section 78(1)(a) of the Constitution.

The Act defines three types of legally recognized marriages:

  1. *Civil Marriage* – A monogamous union between one man and one woman.
  2. *Registered Customary Law Marriage* – A polygamous or potentially polygamous arrangement for adult Africans.
  3. *Qualified Civil Marriage* – A new category that is polygamous or potentially polygamous, primarily for adherents of Islam.

Ziyambi also noted that the payment of roora or lobola remains necessary for customary marriages.

The Government is conducting outreach programs to educate citizens about their rights under the new law.

Additionally, the Act recognizes unregistered customary unions and civil partnerships, which, while not classified as marriages, may influence asset distribution and child-related matters.

The Minister’s clarifications aim to ensure that the public understands the implications of the new marriage laws and dispel any confusion surrounding them. (The Herald)

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