27        Certain marriage officers may refuse to solemnize certain marriages, Nothing contained in this Act shall be construed as compelling a marriage officer who is—, (a)        a minister of religion, to solemnize a marriage which would not, conform to the rites or discipline of his religious denomination or organization; or. (1) The Minister may make such regulations as he may think necessary for carrying into effect the purposes of this Act. Marriage Act - Zimbabwe 11 Years Ago admin Laws and acts governing the system. This has been the law in Zimbabwe since the 1929 Married Person Property Act. (2) The Registrar shall keep a register in the prescribed manner of all persons designated by the Minister in terms of subsection (1) as marriage officers. (5) If the magistrate is satisfied, whether or not after any interrogation and inquiries in terms of this section, that there is no lawful impediment to the proposed marriage, he, shall, upon completion by each of the parties of a solemn declaration to the effect that there is no lawful impediment to the proposed marriage and upon payment of the. The customary marriage will not be valid for purposes of the Act 12 . A marriage contracted in terms of the Marriage Act [Chapter 5:11] (once known as the Chapter 37 marriage). AN ACT to consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. �D (2) An application in terms of subsection (1) shall—, (3) If the magistrate to whom such application is made is satisfied that the applicant has resided in the district in respect of which the magistrate holds office, for a period, of at least fourteen days immediately preceding the date of the receipt of the application, he shall publish such notice by posting it in a conspicuous place in or in. Polygamy in Zimbabwe was traditionally practised … Publication outside Zimbabwe of banns or notice of intention to marry. (2) Where the marriage of a minor which requires the consent of his legal guardian or legal guardians or the consent of a judge under section twenty is contracted without, such consent and is not set aside in terms of subsection (1), the marriage shall have effect in all respects as if it were a marriage contracted between persons both of, 22        Prohibition of marriage of persons under certain ages, (1) No boy under the age of eighteen years and no girl under the age of sixteen years shall be capable of contracting a valid marriage except with the written permission of, the Minister, which he may grant in any particular case in which he considers such. -, 2. 32), 20/1968, 42/1971 (s. 5), 37/1972. 8. Some people call this marriage, “muchato wekwamudzviti,” because the District Administrator (mudzviti) had the power to preside over this marriage. Bulawayo's most popular daily newspaper. <> The marriage laws in Zimbabwe are presently scattered in nine different pieces of legislation, namely the Marriage Act (Chapter 5.11), which governs civil marriages; Customary Marriages Act (Chapter 5.07), covering the customary law marriage; Married Persons Property Act, detailing the marital property regime; Matrimonial Causes Act, regulating property distribution, maintenance and … The proposed Marriages Bill, 2017 seeks to harmonise marriage laws in Zimbabwe and bring the governance of marriages under a single Act. Short title. ACT To consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. (1) Any person desiring to raise any objection to any proposed marriage shall lodge such objection in writing with—. In Zimbabwe, the system that governs property rights in marriage is known as out of community of property. �}iM�(q�(-&�w`�+o���؟�V0���5� 8C�����:z�����]�O=��o2�?��@�DBO��dpE �Ha�� ��w�LL�� ,�M0��h �C�,�� How publication of banns of marriage to be made. The court heard that Maridza and Mr Chivandire wedded under Chapter 5.11 of the Marriage Act which prohibits a man or a woman from marrying more than one spouse. Even if the unregistered customary marriage is accepted in Zimbabwe it is no guarantee that the couple is protected from each other. shall be void or voidable as a marriage between persons within a prohibited degree of affinity. (3) Where the marriage of a minor is intended to be solemnized after the publication of banns or after the publication of a notice of intention to marry, then, if any legal guardian whose consent to the marriage is required under this section forbids the marriage and gives notice thereof to the marriage officer before he solemnizes the same, the publication of banns or of any notice of intention to marry shall be void unless the consent of a judge of the High Court to the marriage is granted. 32. or. ], 9          Publication of banns or notice of intention to marry or issue of marriage licence before marriage, (1) Subject to subsection (2), no marriage officer shall solemnize any marriage unless, in respect thereof and in terms of this Act or a prior law—, (a)        each of the parties has caused banns of marriage to be published; or, (b)        each of the parties has caused a notice of intention to marry to be published; or, (c)        one of the parties has caused banns of marriage to be published and, other has caused a notice of intention to marry to be published; or. PART II, 3          Magistrate to be marriage officer for district. There will be one Act of Parliament governing marriages in Zimbabwe and the new Act will also update the law in line with the Constitution. CHAPTER 5:11 MARRIAGE ACT SIMPLIFIED ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. religious denomination or organization for or by reason of anything done or to be done by him in terms of this Act. (3) Nothing in this Act contained shall be construed as compelling any minister of religion to accept and publish any banns of marriage. (2) Section seventeen shall apply, mutatis mutandis, with reference to any banns or notice referred to in subsection (1). This Act may be cited as the Marriage Act. 5. I married in zimbabwe chapter 5:11 and work in SA for the last 4yrs whilst my wife was working in Zimbabwe..Last year I discovered my wife was unfaithful and asked to resign and come to stay with me in SA to save our marriage of 29yrs..The problem is she verbally agrees but keeps changing position on dates..Can I get a court order to force "specific performance" of the marriage … Short title. 237. 2. (2) A marriage officer shall solemnize any marriage in a church or other building used for religious service, or in a public office or private dwelling-house or other. 3 0 obj (2) Regulations made in terms of subsection (1) may provide for—. (3) A marriage between Africans which is solemnized in terms of the Marriage Act shall be invalid unless there was produced to the minister of religion or other marriage officer the certificate required in terms of subsection (1). Designation of ministers of religion and other persons as marriage officers. Revocation of designation as marriage officer. This came at a meeting organised by a civic society group to unpack the proposed amendments to the Marriages Act section 40 in Bulawayo. (c)        the custody and disposal of marriage register books; (d)        the fees payable for any certificate issued or any other act performed in terms of this Act. 15        Certificate of publication of notice of intention to marry, (1) Subject to section nineteen, any magistrate who has in terms of section fourteen published a notice of intention to marry shall, on the application of either of the, persons desiring to marry and on payment to him of the prescribed fee, if any, issue to. Certain marriage officers may refuse to solemnize certain marriages. 237. Acts 42 of 1969, 3rd Sch., 1 of 1979, 1st Sch., 7 of 2011 Sch. Interpretation. This Marriages Bill, 2019, repeals and replaces the current Customary Marriages Act [Chapter 5:07] and the Marriage Act [Chapter 5:11]. In this Act- "Registrar-General", "Civil Registrar", "Marriage Officer" mean respectively Registrar-General of Marriages, Civil Registrar of Marriages and Marriage Officer under this Act; Cap. (2) Every such marriage register book and the duplicate originals thereof shall be in the form prescribed and every entry therein shall include all the particulars required, (3) Every such entry shall be signed by the marriage officer and by the parties, married and shall be attested by at least two witnesses of or above the age of eighteen years and each of the duplicate original registers of such entry shall be signed and, (4) One duplicate original register of the entry shall be delivered to the parties and the other shall, as soon as possible but not later than thirty days after the date of the, marriage, be transmitted to the Registrar, together with any declaration, proof of consent, certificate or other document required by this Act or any other law to be. Legality of marriages between persons within certain degrees of affinity. 5.9 Divorce and nullity of marriage. PART I. A marriage contracted in terms of the Marriage Act [Chapter 5:11] (once known as the Chapter 37 marriage). Legal aid is available for a court application relating to divorce or nullity of marriage. It also means … (1) It shall not be lawful for any marriage officer, other than a minister of religion, to demand or receive any gift or reward for or by reason of anything done or to be done by him as a marriage officer in terms of this Act. proof of age of the party concerned and with such other requirement as may be necessary under section twenty or twenty-two. [amended by Act 22 of 2001, with effect from the 10th September, 2002. It repeals Chapter 22 of the Marriages Act, which had allowed child marriages. prescribed fee, if any, issue to them a marriage licence in the prescribed form. Every magistrate shall, by virtue of his office and so long as he holds such office, be a marriage officer for the district in which he holds office. In Zimbabwean civil law, the Marriage Act of Zimbabwe only recognises monogamous marriages. 12. 24        Legality of marriages between persons within certain degrees of affinity, “spouse” means a former spouse, whether living or dead. 1. A male or female in a ‘Chapter 37’ marriage (now Marriages Act, Chapter 5:11) may sue the third party for adultery. A widow or widower intending to get married in terms of the Customary Marriages Act (Chapter 5:07) i.e. (1) Banns of marriage or a notice of intention to marry, as the case may be, published in a country outside Zimbabwe shall, for the purposes of this Act, be regarded as having been published in Zimbabwe, but a marriage officer shall not solemnize any marriage in pursuance thereof unless there is produced to him proof that publication of such banns or such notice, as the case may … Nothing in this Part shall be construed as precluding a minister of religion or a person holding a responsible position in a religious denomination or organization from—, (a)        blessing, according to the rites of his religious denomination or organization, any marriage contracted within Zimbabwe in accordance with this Act, (b)        making such entries and issuing such documents as may be required by rules or regulations made by his religious denomination or organization in, connection with the religious blessing of marriages, if such entry or document does, not purport to have been made or issued in terms of this Act. 7. Acts 42 of 1969, 3rd Sch., 1 of 1979, 1st Sch., 7 of 2011 Sch. -Whereas the Constitution of Zimbabwe, which is the highest and supreme law in the land provides that people have a right to marry at 18 years of age, which can be interpreted to mean that 18 is the minimum age of marriage, the laws that govern marriage, the Marriage Act [Chapter 5:11] and the Customary Marriages Act [Chapter 5:07] are not in line with the Constitution. 17. 13        Publication outside Zimbabwe of banns or notice of intention to marry, (1) Banns of marriage or a notice of intention to marry, as the case may be, published in a country outside Zimbabwe shall, for the purposes of this Act, be regarded as, having been published in Zimbabwe, but a marriage officer shall not solemnize any marriage in pursuance thereof unless there is produced to him proof that publication. PART IV. Marriage Act used in Zimbabwe, last updated in 2004. Sixteen-year-old girls had been permitted to get married under special consent. 1 Short title This Act may be cited as the Married Persons Property Act [Chapter 5:12]. An HIV mother breastfeeding a baby: Did she commit a criminal offence? Application No. Newsday Zimbabwe Everyday ... (Section 3 Customary Marriages Act). There are two factors that must be proved in an adultery claim. The law in Zimbabwe has an interest in polygamy (note that the correct term of a man having more than one wife is polygyny but for purposes of this article I will use the word polygamy) under both civil and criminal law. ss 00-00 CONSTITUTION OF ZIMBABWE 1 CHAPTER 5:12 MARRIED PERSONS PROPERTY ACT Acts 10/1928, 10/1959 (ss. 1. (1) A marriage may be solemnized at any time. Chirawu: Basically there are two recognised registered marriages, the first one being the Chapter 5:11 marriage, which some people still refer to as Chapter 37.This type of marriage means that if a man enters into it or a … of such banns or such notice, as the case may be, was duly made according to the law of such country. 2. 15. (2) An application referred to in subsection (1) shall—, (a)        state the full names, age, condition and residential address of each of the parties; and, (b)        bear the signature of each of the parties and be dated by either of. “magistrate” means any magistrate appointed in terms of the Magistrates Court Act. requirement the consent of a judge is necessary and has been granted. 23. “I call upon these persons here present to witness that I, A.B., do take C.D. 78 and 79); RGN 27/1963, SI 816/1981. 11        How publication of banns of marriage to be made. 4. [Date of commencement: 1 January 1929.] (4) For the purpose of any interrogation in terms of subsection (3), the magistrate may administer an oath to each such party. PART IV, For the purpose of performing the functions assigned to him by this Act, there shall be a Registrar of Marriages whose office shall be a public office and shall form part, (1) Immediately after the solemnization of a marriage, the marriage officer shall make an entry thereof in the marriage register book to be kept for that purpose and shall. (b)        are divorced or are living apart and the sole guardianship of such minor has not been granted to either of them by order of the High Court or a judge thereof. officer during that period, he may direct in writing that such person shall for all purposes be deemed to have been a marriage officer during such period under this Act or a prior law, as the case may be. (1) Any minister of religion or any person authorized by the authority governing the religious denomination or organization concerned may publish banns of marriage. (2) No marriage between—, (a)        a man and a woman who is not an ascendant or descendant of his spouse; or, (b)        a woman and a man who is not an ascendant or descendant of her. This is a monogamous marriage and … (1) For the purposes of this section and section twenty-one—, “legal guardian” includes the mother of a minor where she and the father of such minor—, (a)        are living together lawfully as husband and wife; or. Marriage Act.pdf (177.00 KB, 31.2K views) Also In This Category. The woman however cannot have more than one husband. the potentially polygamous marriage must produce a copy of their marriage certificate with their late spouse … Final Papers of the 2016 National Symposium on the Promise of the Declaration of Rights under the Constitution of Zimbabwe: MAGISTRATES’ HANDBOOK FOR CRIMINAL CASES. licence which has lapsed by virtue of subsection (1). Change of name of religious denomination or organization and amalgamation of religious denominations or organizations. This Marriages Bill, 2019, repeals and replaces the current Customary Marriages Act [Chapter 5:07] and the Marriage Act [Chapter 5:11]. Formerly Chapter 238, this type of marriage now exists under the Customary Marriages Act [Chapter 5: 07]. Provided that no such application shall be made against the wishes of the minor if, since the date of the marriage, he has attained the age of eighteen years. Magistrate to be marriage officer for district. Dzvova v Minister of Education Sports and Culture and Others (91/06) ((91/06)) [2007] ZWSC 26 (09 October 2007); Sango v Trustees, Anglican Diocese of Manicaland, Church of the Province of Central Africa & Others; Dumbura v Trustees, Anglican Diocese of Manicaland, Church of the Province of Central Africa & 2 Others (CCZ 1/18, Constitutional Application Nos. PART III. In terms of the Customary Marriages Act Chapter 5:07 (it used to be known as Chapter 238), a man may marry more than one wife legally. (ii)        if any legal guardian refuses his consent, a judge of the High Court may grant consent to the marriage, and the consent of the judge so given shall have the same effect as if it had been given by the legal guardian whose consent is refused. 2 0 obj The plaintiff must first prove that defendant was in an adulterous affair with his/her spouse. Attachments. endobj It also seeks to … It proposes to merge and reconcile the Marriages Act (Ch 5:11) and Customary Marriages Act (Chapter 5:07) and confer equal property rights to parties of both respective marriages. 6          Change of name of religious denomination or organization and amalgamation of religious denominations or organizations, (1) A change in the name of a religious denomination or organization or the amalgamation of a religious denomination or organization with any other religious, denomination or organization shall not affect the designation as a marriage officer of any person who was so designated by virtue of his occupying any post or holding any. 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