Proposed amendments to the Guardianship of Minors Act that
passed in Cabinet this week, are expected usher in a positive change where
children born out of wedlock will enjoy the guardianship of their fathers, gender
activists have said.
Currently, the law clothes mothers with the guardianship of
children born out of wedlock but the proposed amendment, if it passes the test,
will make fathers co-guardians who equally share responsibilities associated
with the guardianship of a minor.
This week, Cabinet passed principles on the proposed
amendments to the Guardianship of Minors Act, 2014 to align it to the new
Constitution.
The Ministry of Information, Publicity and Broadcasting
Services on Twitter, announced the development saying it will bring equality
among men and women.
“Cabinet yesterday passed principles on the proposed
amendments to the Guardianship of Minors Act, 2014 to align it to the new
Constitution.”
Gender activist and lawyer Ms Jessie Majome hailed the
development saying men who have children out of wedlock should brace for a big
change that will see them performing real guardianship duties, including baby
bathing and nursing the child in times of sickness.
“This is an exciting development and to all men with
children outside wedlock, you must shape up and rise to the responsibilities of
a guardian. It means fathers, not married to their children’s mothers, will
also be equal guardians.
“If the Bill is passed into law, fathers who are ordinarily
absent will be expected to perform other duties like taking leave days to nurse
the sick children, the same way mothers do,” said Ms Majome.
Ms Majome said the amendment was long overdue considering
the new supreme law was promulgated in 2013.
“Section 56, 80(2) and 81(1) and 19(1) of the Constitution
called for equality in the best interest of the child but the alignment has
taken long.
“I think it is now time to do it,” she said. Harare lawyer Mr Wellington Pasipanodya of Manase &
Manase Legal Practitioners hailed the development saying it will go a long way
in solving problems linked to the rights of children.
“The proposed re-alignment of guardianship laws is a
welcome development in line with international standards. It will help resolve
the numerous abuses and oppression that women have suffered under the brutal
insensitive actions of irresponsible fathers who unnecessarily withhold their
consent when it comes to the welfare of the interests of the minor child.
“The law as it stands is oppressive to single mothers.
Absent fathers have caused so much emotional suffering due to their
insensitivity when it comes to the welfare of their fathered children,” he
said.
University of Zimbabwe lecturer and Child Rights Coalition
in Zimbabwe member Mr Weston Chidyausiku said the amendment of the law was
progressive.
He said related laws like the Maintenance Act should also
be aligned in the best interests of the children.
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