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Zvamaida Murwira–Senior Reporter
Parliament has passed the Guardianship of Minors Amendment Bill, which seeks to give both parents equal rights when it comes to making decisions that affect the future and welfare of a child.
The Bill sailed through Senate on Wednesday and now awaits the President’s assent.
The proposed law seeks to amend the Guardianship Act by giving both the father and mother of a child equal rights and allow consultations in making decisions affecting children, changing the law from the present position whereby the father has the final say although he is supposed to consult.
The Bill will also remove a clause that empowers parents to give their consent to the marriage of their children aged under 18. Now that such marriages are banned it is impossible for a parent to consent to such a union.
Presenting the Bill in Senate, Justice, Legal and Parliamentary Affairs Minister, Ziyambi Ziyambi, said the proposed law does not only seek to align it with the Constitution, but is an important measure for the advancement of women.
This, he said, came as the country celebrated International Women’s Day on Tuesday.
He said custody of a child is the direct personal supervision and care by its parents in the same household.
Guardianship, he said, is the legal right of the parents to have control over and make decisions about the child’s health, religious upbringing, educational, financial and welfare needs.
“If the parents split by separation or divorce, the general principle of the Criminal Law is that the mother retains the custody of the child while the father keeps the guardianship. Under the Bill it is now proposed that during the subsistence of a marriage there must be equality of rights between the parents with respect to the custody or guardianship of the children.
“If the marriage fails, the custodial parent also has the guardianship rights of the child. It is only fair after all, that the parent who must daily supervise the child personally should also have charge of the guardianship rights over it,” said Minister Ziyambi.
He said the Bill did not deprive the non-custodial parent of guardianship rights if they could show a court of law that they should, in the interest of the child, retain some supervision over the child’s education, health and other needs.
In response, Senators took turns to commend the Second Republic led by President Mnangagwa for its policies in the upliftment of women.
Chiefs Council President Fortune Chiremba threw his weight behind the Bill which also updates tradition and custom.
“I rise to say the Bill is seeking us to pass a law whose spirit we all agree. I do not see us differing with his views. This is a good law, let us pass it,” said Chief Charumbira.
Midlands Senator Morgan Komichi hailed the Bill and outlined the importance of women in national development.
Online Reporter