According to court papers gleaned by Zim Morning Post, the pair married in Bindura on February 25 2005 under the Marriage Act (Chapter 5:11). Case note on S v Semba HH-299-17, A ray of hope for the outlawing of corporal punishment in Zimbabwe: A review of recent developments, Doctors who cause the patient deaths Case note on S v McGown 1995 (1) ZLR 4 (H), Judicial appointment in Zimbabwe: defining the concept of “fit and proper person” research paper submitted to the Faculty of Law of the Midlands State University, Reporting a court case arising from false social media report Casenote on Mushunje v Zimbabwe Newspapers, Should provocation be a partial defence to intentional killing of an adulterous spouse? & Others (Const. 237. 32. Change of name of religious denomination or organization and amalgamation of religious denominations or organizations. 5. (1) The Minister may make such regulations as he may think necessary for carrying into effect the purposes of this Act. 237. This Marriages Bill, 2019, repeals and replaces the current Customary Marriages Act [Chapter 5:07] and the Marriage Act [Chapter 5:11].There will be one Act of Parliament governing marriages in Zimbabwe and the new Act … 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. The term monogamy is used to describe an exclusive union between no more than two people. (1) Any person desiring to raise any objection to any proposed marriage shall lodge such objection in writing with—. [amended by Act 22 of 2001, with effect from the 10th September, 2002. This occurs in the following circumstances: (i) Whilst married to B under Chapter 5:11 and the marriage has not been legally dissolved, B enters into another marriage with C, whether under Chapter 5:07 or through paying lobola or by entering into another Chapter 5:11 marriage. 1 Short title This Act may be cited as the Married Persons Property Act [Chapter 5:12]. amalgamates with any other religious denomination or organization, it shall immediately inform the Minister thereof. All marriages in Zimbabwe are out of community of property, unless the parties enter into an antenuptial contract prior to the marriage. Legal aid is available for a court application relating to divorce or nullity of marriage. (1) Any minister of religion or any person authorized by the authority governing the religious denomination or organization concerned may publish banns of marriage. 15. (d)        a marriage licence has been issued. The correct legal term for this marriage is the “Customary marriage. Even if the unregistered customary marriage is accepted in Zimbabwe it is no guarantee that the couple is protected from each other. A male or female in a ‘Chapter 37’ marriage (now Marriages Act, Chapter 5:11) may sue the third party for adultery. (a)        prescribing anything which in terms of this Act is to be prescribed; (b)                  the form and content of certificates, notices, affidavits, declarations, marriage register books and the Marriage Registration Book for the purposes of this. CHAPTER 5:11 MARRIAGE ACT SIMPLIFIED ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Customary Marriages Act, Chapter 5:07: Official authorities in charge of registering a marriage: Ministry of Home Affairs, Department of Registrar General Office: Organizational structure : Centralized: Legal age for marriage: 18 years for males and females: Is there a legal obligation to register marriages? (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. Marriage Act.pdf (177.00 KB, 31.2K views) Also In This Category. “I call upon these persons here present to witness that I, A.B., do take C.D. ACT To consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. (2) If any person referred to in subsection (1) who was not capable of contracting a valid marriage without the written permission of the Minister in terms of this Act, contracted a marriage without such permission and the Minister considers such, marriage to be desirable and in the interests of the parties concerned, he may, if such marriage was in every other respect solemnized in accordance with this Act and there. 5.9 Divorce and nullity of marriage. Interpretation. Married Persons Property Act [Chapter 5:12] The Married Persons Property Act identifies the property regime that is to apply to all marriages that are solemnized in Zimbabwe. Marriage Amendment Act 11 of 1964 – Gazette No. 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. (3) No person shall, under this Act, be capable of contracting a valid marriage through any other person acting as his representative. This came at a meeting organised by a civic society group to unpack the proposed amendments to the Marriages Act section 40 in Bulawayo. Certain marriage officers may refuse to solemnize certain marriages. 734, No. 8. 34        Penalty for failure to comply with section 31, Any marriage officer who knowingly fails to comply with section thirty-one shall be guilty of an offence and liable to a fine not exceeding one level five to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. In Zimbabwean civil law, the Marriage Act of Zimbabwe only recognises monogamous marriages. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.44 841.92] /Contents 4 0 R/Group<>/Tabs/S>> It also seeks to … proof of age of the party concerned and with such other requirement as may be necessary under section twenty or twenty-two. 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 … This has been the law in Zimbabwe since the 1929 Married Person Property Act. 34. 78 and 79); RGN 27/1963, SI 816/1981. 1. Incidence. Married Persons Property Act [Chapter 5:12] The Married Persons Property Act identifies the property regime that is to apply to all marriages that are solemnized in Zimbabwe. (��h��ܠ�AT�޻�/0'�_ލ�^� �_��޵B^�}�u� �F��[ۖ0p6isFl�8�ڪ�3qʫ[%�]���6�:zFd�y�"��L�J��|7N�� (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. (2) A marriage officer, other than a magistrate, may receive such remuneration ordinarily paid to a minister of religion in terms of the rules and regulations of his … prescribed fee, if any, issue to them a marriage licence in the prescribed form. Acts 42 of 1969, 3rd Sch., 1 of 1979, 1st Sch., 7 of 2011 Sch. <> A widow or widower intending to get married in terms of the Customary Marriages Act (Chapter 5:07) i.e. <> According to the Constitution and Marriage Act (Chapter 5:11), formerly known as Chapter 37, a civil marriage can only be entered into by heterosexual people, in a union that is monogamous. The plaintiff must first prove that defendant was in an adulterous affair with his/her spouse. Acts 81/1964, 6/1967 (s. 15), 35/1967.(s. Publication outside Zimbabwe of banns or notice of intention to marry. (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. (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. 79/14, CC 12-15) [2015] ZWCC 12 (20 January 2016); A Reflection on the Domestic Violence Act [Chapter 5:16] and Harmful Cultural Practices in Zimbabwe. Proof of age of parties to proposed marriage. was no other lawful impediment thereto, direct in writing that it shall for all purposes be a valid marriage. 24        Legality of marriages between persons within certain degrees of affinity, “spouse” means a former spouse, whether living or dead. Marriage of minors without consent voidable but not void. [Date of commencement: 1st March, 1965.] MARRIAGES BILL, 2019 M emorandum. (5) Every notice referred to in subsection (3) shall state the full names, condition and residential address of each of the parties desiring to marry. 5          Certain persons may in certain circumstances be deemed to have been marriage officers, (1) Whenever any person has acted as a marriage officer during any period in respect of which he was not a marriage officer under this Act or a prior law, and the Minister, is satisfied that such person did so in the bona fide belief that he was a marriage. (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. (2) A party to a proposed marriage within Zimbabwe may, if the law of the country in which he is ordinarily resident does not require the publication of banns of marriage, or of notice of intention to marry, lodge with the marriage officer concerned a certificate issued by an appropriate authority in that country to the effect that there is, no impediment to the proposed marriage, and such certificate shall be accepted by the. 2. This is a monogamous marriage and is registered in accordance with the laws of the land. 5.9 Divorce and nullity of marriage. 7. How publication of banns of marriage to be made. ���J4f���M߈&��. 3 0 obj Clause 5 states that a civil marriage is contracted in terms of the general law of Zimbabwe and is monogamous. 21        Marriage of minors without consent voidable but not void, (1) Where a 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, the marriage shall not by reason of that fact be void, but may be set, aside and declared to be void by the High Court in its discretion if his legal guardian or legal guardians, whose consent was required but not obtained, makes application, therefor within a period of six weeks, calculated from the date on which he or they first had notice of such marriage, or within such further period as the court may. Marriage Registration Book and of duplicate original registers filed by him; (b)        subject to subsection (3), issue certified copies of a duplicate original register filed by him. PART II MARRIAGE OFFICERS 3. Attachments. Marriage Act - Zimbabwe 11 Years Ago admin Laws and acts governing the system. (3) If the principal public divine service of a denomination or organization is held weekly on a day other than a Sunday, publication of banns in terms of paragraph (a), of subsection (2) may be made during such a service on such day instead of on a, 12        Certificate of publication of banns, (1) Subject to section nineteen, a minister of religion shall, on the application of either of the persons desiring to marry and after banns of marriage have been. The correct legal term for this marriage is the “Civil” or “Monogamous” marriage. The proposed Marriages Bill, 2017 seeks to harmonise marriage laws in Zimbabwe and bring the governance of marriages under a single Act. endobj ], 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. to be my lawful wedded wife (or husband).”. But this does not relate same where the marriage under the Marriage Act precedes a customary marriage. 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. �}iM�(q�(-&�w`�+o���؟�V0���5� 8C�����:z�����]�O=��o2�?��@�DBO��dpE �Ha�� ��w�LL�� ,�M0��h �C�,�� the potentially polygamous marriage must produce a copy of their marriage certificate with their late spouse … Sixteen-year-old girls had been permitted to get married under special consent. shall be void or voidable as a marriage between persons within a prohibited degree of affinity. In 1982, the defendant “married” another wife in terms of (Chapter 5:11) even though their customary law marriage was still in subsistence. Plaintiff must also prove on a balance of probabilities that defendant knew of the existence of plaintiff’s a marriage. PART III, 8          Unauthorized solemnization of marriage ceremonies forbidden. Law 48 of 1957. An HIV mother breastfeeding a baby: Did she commit a criminal offence? Attachments. Certain persons may in certain circumstances be deemed to have been. 4          Designation of ministers of religion and other persons as marriage officers, (1) The Minister may, at the request of the authority governing any religious denomination or organization, designate any person holding a responsible position in any such religious denomination or organization to be a marriage officer for the, purpose of solemnizing marriages according to Christian, Jewish, Islamic or Hindoo. A customary law marriage is potentially polygamous. 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. place in or in the immediate vicinity of the ordinary place of worship of the congregation concerned. ARRANGEMENT OF SECTIONS. Marriage Act.pdf (177.00 KB, 31.2K views) Also In This Category. (1) A marriage may be solemnized by a marriage officer only. 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. Commencement date: 28 February 1964. 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. (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. 13. such licence, such banns or notice or licence, as the case may be, shall lapse and no marriage shall be solemnized in pursuance thereof. Newsday Zimbabwe Everyday ... (Section 3 Customary Marriages Act). The first type is the easiest to achieve since both parties wish to terminate the marriage and have agreed to the broad terms of the separation. Certificate of publication of notice of intention to marry. (3) If the magistrate to whom an application in terms of subsection (1) is made is not satisfied that the proposed marriage may be legally solemnized, he shall, in order to, determine whether there is any lawful impediment to the marriage, interrogate each of. 1 Short title This Act may be cited as the Married Persons Property Act [Chapter 5:12]. -, 2. However, the new Act refers to civil marriage in chapter 5 clause 11. 25        Time and place for, and presence of parties and witnesses at, solemnization of marriage. marriage in question is entered to make a like correction to the entry in that book. 10        Application for publication and acceptance of banns, (1) Any party who desires to cause banns of marriage to be published shall deliver or cause to be delivered to any minister of religion at least two days prior to the intended, publication or at any time prior to such publication, which such minister of religion, may in his discretion allow, a written application to publish such banns: Provided that no such application to publish such banns shall be accepted by a, minister of religion unless the party concerned has resided in the area in which such minister of religion holds office for a period of at least fourteen days immediately. AN ACT to consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. 23        Proof of age of parties to proposed marriage, If parties appear before a marriage officer for the purpose of contracting a marriage with each other and such marriage officer suspects that either of them is of an age, which debars him or her from contracting a valid marriage, he shall refuse to solemnize a marriage between them unless he is furnished, to his satisfaction, with. Թ����qЪb��P8:˸�}՚ʸ���n��K�z\�vv�o����'�Ì�aDl�pd��^�Y�$ֽ��Bb:?� the potentially polygamous marriage must produce a copy of their marriage certificate with their late spouse together with the death certificate. 4 0 obj AN ACT to provide for the solemnization of customary marriages; to regulate certain other incidents in connection with such marriages and to prevent the pledging of children. CCZ 39/. Magistrate to be marriage officer for district. (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. This Act may be cited as the Marriage Act [Chapter 5:11]. Certificate of publication of banns. (1) A marriage may be solemnized at any time. “The plaintiff and defendant are no longer compatible and they have not lived in the manner of husband and wife for more than 12 months,” read part of the court papers. 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 … 18. Acts 42 of 1969, 3rd Sch., 1 of 1979, 1st Sch., 7 of 2011 Sch. (2) Section seventeen shall apply, mutatis mutandis, with reference to any banns or notice referred to in subsection (1). (2) A certificate in terms of subsection (1) shall state the full names, age, condition and residential address of each of the parties as well as the period during which such. Chiroto v Hunda (HC 2679/12) [2015] ZWHHC 276 (12 March 2015); Mudzuru & Another v Ministry of Justice, Legal & Parliamentary Affairs (N.O.) 11        How publication of banns of marriage to be made. (2) Any person, not being a marriage officer, who purports to solemnize a marriage shall be guilty of an offence and liable to a fine not exceeding level seven or to. Mutashu issued divorce summons against Ruvazhe back in April this year seeking to end the couple’s marriage which was in terms of the Marriage Act (Chapter 5:11… 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 … Registration of marriages by Registrar. PART III. 27. oversight on the part of any person respons-ible for such publication or such issue. Marriage can be any of the three formally recognised types, namely civil marriages (Chapter 5:11 formerly Chapter 37), registered customary law marriages (Chapter 5:07) … requirement the consent of a judge is necessary and has been granted. Gonda: Sylvia Chirawu, the national coordinator of Women and Law in Southern Africa says there are three kinds of marriages in Zimbabwe. 10. Publication of banns or notice of intention to marry or issue of marriage licence before marriage. (2) If a religious denomination or organization in such circumstances as are contemplated in subsection (1) changes the name whereby it was known or. A marriage contracted in terms of the Marriage Act [Chapter 5:11] (once known as the Chapter 37 marriage). the immediate vicinity of his office for a continuous period of fifteen days. Before Sections 78(1) and 81(1) of the Constitution came into effect, Section 22(1) of the Marriage Act (Chapter 5:11) provided that a … Many countries especially those in the developed world for example Germany, United Kingdom, Holland, Greece, Canada and most States in the United States, also have marriages out of community of property. It is called a monogamous marriage because it allows a man to marry only one wife and a … stream 12. be, and such magistrate shall take steps to cancel the marriage licence. AN ACT to amend the law as to the property of married persons. No other marriage can be contracted by a person during the subsistence of a monogamous marriage. (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. The Leading Family Newspaper in Zimbabwe. licence which has lapsed by virtue of subsection (1). Marriage Act used in Zimbabwe, last updated in 2004. (2) Regulations made in terms of subsection (1) may provide for—. 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. Designation of ministers of religion and other persons as marriage officers. <> Marriage, Divorce, Estate, Community of Property, Marriage Officer, License, Banns, Midlands State University Law Review Journal, University of Zimbabwe Student Law Review Journal, Case note on Zimbabwe Law Officers Association & Anor v National Prosecuting Authorities & Ors CCZ -1-19, Guilt by association: the over-extension of the doctrine of common purpose, Devolution demystified: Emerging debates and prospects for devolution in Zimbabwe A discussion paper, The State is not above the law: Enforcing a judgment against the State when it fails to comply with a judgement, The Role of the Criminal Law in the Protection of Women Against Gender-Based Violence: Case note on S v Jeri HH-516-17, Accessing information held by the State and State institutions Case note on Hitschmann v City of Mutare & Anor HH-211-16. 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