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enter into a monogamous marriage with any person other than his or her spouse by the potentially polygamous marriage shall be guilty of bigamy.”
Mr Mutevedzi said the video recording and documentary proof produced by Ms Karimatsenga’s lawyers convinced him that an unregistered customary law marriage existed.
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“In that video recording, it was clear that contrary to the unsubstantiated assertion by Mr Tsvangirai that he had only paid damages for impregnating Ms Karimatsenga out of wedlock, the ceremony was payment of lobola, which culminated in Mr Tsvangirai’s emissaries asking for their in-laws’ blessing to have a white wedding.
“The items tabulated on the list of roora tally with the items mentioned in the video recording.
“On a balance of probabilities, the scale tips in the direction that for all intents and purposes, this was a marriage between Mr Tsvangirai and Ms Karimatsenga,” ruled the magistrate.
In an additional affidavit filed by the PM’s lawyers, the PM shifted his defence from denying ever paying roora to disowning the emissaries.
The PM argued that the emissaries acted without his blessings and that he had not sent them to pay roora for Ms Karimatsenga, which argument the magistrate described as “fathomable”.
“The delegation from his side (PM) was quite big and very joyous. There were large quantities of groceries that were bought and generally there was quite some merry making synonymous with a planned ceremony.
“I have no doubt that claiming otherwise is only a futile attempt by him (PM) to deny the obvious,” said Mr Mutevedzi.
Mr Mutevedzi said the PM was wrong in sending the divorce token through the magistrate.
“Firstly, gupuro (divorce token) is not channelled through a magistrate or a marriage officer. There are recognised customary ways of doing it, which must be followed.
“Secondly, it cannot be given simply because the woman has raised an objection to Mr Tsvangirai’s intended wedding. Thirdly, there are consequences attendant upon that process, which must be complied with for divorce process to be complete just like it is not enough under general law to simply issue summons and end there,” he said.
Mr Mutevedzi also found that the process was flawed since Ms Karimatsenga was not personally in attendance.
The magistrate said he could not sanction the wedding knowing that the PM was committing an offence.
“If his intended marriage to Ms Guma (Macheka) proceeds, it is potentially bigamous,” said Mr Mutevedzi.
“I cannot sanction the wedding when it is clear to me that the parties to that marriage may be committing an offence.
“There is need for Mr Tsvangirai to sweep clean these issues before seeking to be married in holy matrimony.
“I am, therefore, convinced that Ms Karimatsenga’s objection to the intended marriage indeed shows a lawful impediment to that marriage. By virtue of the powers
I have in terms of Section 19(3) of the Marriage Act (Chapter 5:11) I shall as I hereby do cancel the marriage licence I gave to Morgan Tsvangirai and Elizabeth Mazvita Guma on August 27 2012,” he said.
Online Reporter