What needs to be known about the Marriage Act

Robin Muchetu, Senior Reporter

Under the new Marriages Act Traditional Chiefs can now solemnise marriages withing their areas of jurisdiction.

Here are some of the requirements for the parties intending to get married that a Chief must demand before the marriage is solemnised.

The Chief must demand to see National Identity Documents for both parties. The parties must be 18 years of age which is the legal age of marriage in Zimbabwe. It’s a criminal offence to solemnise a marriage of people under 18 years of age.
The Chief must inquire,investigate and satisfy himself that both parties have given full consent to the marriage.
Parties must bring witnesses to their marriage before the Chief.
The Chief must inquire and establish if lobola/roora/dowry was paid.
The Chief must also establish the marital status of the two parties as it is an offense to enter a marriage while another one still exists.
The Chief must also establish that the two parties are not related. However, there are some communities that allow first and second cousins to marry each other. If a Chief has such people in his community and he is aware, it is permisable to solemnise the marriage. But, if his community does not practice this, he must not solemnise the marriage.
Chiefs can ask any questions to the parties if he needs clarity and the parties must answer satisfactorily. If they refuse to cooperate will be found guilty of an offense and face 3 months imprisonment.
Chiefs are also authorized to refuse to solemnise marriages they are not sure off.

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