admin
The move seeks to recognise unregistered customary law unions during inheritance procedures so that distribution of properties is fair and equitable to all wives and children.
The Ministry of Justice and Legal Affairs is already searching for consultants to look into how the various types of registration of marriages could be harmonised.
The ministry’s acting permanent secretary, Mrs Cathrine Maveneka, confirmed that the research on marriage laws would be carried out soon.
“The Ministry of Justice and Legal Affairs is currently not in a position to comment on the above issues,” she said.
“Doing so will be tantamount to pre-empting on the intended research to be carried out.”
Mrs Maveneka said for now the registration of a marriage remained an option.
ALSO READ
Zimbabwe recognises three types of marriages: those solemnised under the Marriage Act Chapter 5:11, customary unions subsequently registered under the Customary Marriages Act Chapter 5:07; and unregistered customary law unions.
Couples married under the Marriage Act, and all such marriages are performed before an officer allowed to register such a marriage, with many religious ministers being unpaid honorary officers, have their inheritance matters sorted out under the common law by the Master of the High Court.
Those married under customary law, with the marriage subsequently registered with a District Administrator under the Customary Marriages Act, now enjoy almost similar rights, although inheritance matters go through the district administration. But statutory provisions concerning rights of surviving spouses and children are now similar for all registered unions.
Squabbles over inheritance usually erupt when death hits a spouse in an unregistered union.
Zimbabwe Women Lawyers Association, which is involved in the advocacy for the harmonisation of marriage laws, said the multiple marriage system, allowed under customary law but not the Marriages Act, was a problem.
ZWLA director Mrs Emilia Muchawa said men abused the multiple marriage system.
“Harmonisation is trying to make sure that all forms of marriage become equal,” she said.
“We will not have others being more superior and rights enjoyed under the marriages will be the same.”
Mrs Muchawa said children should be treated the same and allowed to explore equal opportunities despite their parents’ forms of marriage.
“At the moment, we have the marriage age consent for a girl being 16, but for boys its 18,” she said.
“What we want is for both girls and boys to get equal opportunities and explore full potential. What we want is in the best interests of the child.”
Mrs Muchawa said the multiple marriage system caused problems, especially when a husband dies and a number of women claim to be his wives.
She said once the inheritance laws were harmonised, such women would enjoy similar rights and protection.
The Ministry of Justice and Legal Affairs said the consultant would conduct a review of marriage laws in close co-operation with the Ministry of Women Affairs Gender and Community Development.
The ultimate aim would be to recommend how registration of marriage laws could be harmonised.
A field research would be undertaken in selected districts to determine the types of marriages prevalent in Zimbabwe.
It would determine the percentage of unregistered customary law unions and the impact of the different types of marriages on women and girls’ human rights.
An analysis of factors that influence the type of marriage one chooses would be carried out.
The two government ministries and partners would identify the challenges which communities face in the registration of marriages.
They would assess the access awareness levels among women and men on the importance of registering of marriages.
The process would also determine if people know where and how to register marriages as well as asses communities’ perceptions on the age of consent for marriage as provided under different types of marriages.
Part of the research would establish the impact of early marriages on girls and boys.
Online Reporter