The Bill had been passed by Parliament in March.
The law amended the Guardianship Act by giving both the
father and mother of a child equal rights and allow consultations in making
decisions affecting children, changing the law from the present position where
the father had the final say although he was supposed to consult.
A clause that empowered parents to give their consent to
the marriage of their children aged under 18 has been removed after such marriages
were banned, making it impossible for a parent to consent to such a union.
University of Zimbabwe law lecturer, Professor Lovemore
Madhuku, yesterday said the main effect of the amendments was to bring equality
between parents.
“The main effect of the Act is to bring equality between
the father and mother on the guardianship of a child from the previous position
where the father had the final say,” he said.
Commenting on the Act while it was being debated in
Parliament, Justice, Legal and Parliamentary Affairs Minister, Ziyambi Ziyambi,
said the law did not only seek to align it with the Constitution, but was an
important measure for the advancement of women.
He said the custody of a child was the direct personal
supervision and care by its parents in the same household.
Guardianship, he said, was the legal right of the parents
to have control over and make decisions about the child’s health, religious
upbringing, educational, financial and welfare needs.
“If the marriage fails, the custodial parent also has the
guardianship rights of the child.
“It is only fair after all, that the parent who must daily
supervise the child personally should also have charge of the guardianship
rights over it,” said Minister Ziyambi. Herald
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