On May 27, 2022, President Emmerson Mnangagwa passed into
law a new marriage law, the Marriages Act (Chapter 5:17) which brought radical
changes to the marriage laws in Zimbabwe, with the Marriage Act (Chapter 5:11)
and Customary Marriages Act (Chapter 5:07) being repealed.
The Act introduced a civil partnership and a qualified
civil marriage and recognises an unregistered customary law union as a
marriage. The law also states that marriages are entered into only between men
and women above 18 years, making it a criminal offence to facilitate marriage
of persons under 18 years.
The Law Society of Zimbabwe (LSZ) has urged couples to
check their marriage certificates after a worrying discrepancy was identified
whereby certificates have been issued referenced to an invalid Act.
While the law itself has been updated, the physical
marriage certificates have not, meaning
that couples are unknowingly holding onto documents that incorrectly
cite “Chapter 5:11” of the act.
“It has come to our attention that marriage certificates
currently being issued by the Registrar-General's Office contain an error. The
certificates incorrectly cite Chapter 5:11 of the Marriage Act [Chapter 5:17],”
LSZ executive secretary Edward Mapara said in a public notice.
“We advise that lawyers and individuals rectify this error
by taking the incorrect certificates to (one) Mr Mpala at the
Registrar-General's Office for amendment.
“Furthermore, members instructed in divorce proceedings
should ensure the marriage certificates are corrected, as a divorce cannot be
founded on a defective certificate.”
The public notice was confirmed by LSZ spokesperson Richard
Chidza.
The revelation of defective marriage certificates has sent
panic and shockwaves among couples who tied the knot post-September 2022. Many
individuals, including legal experts and marriage counsellors have expressed
concern over the potential ramifications of the oversight.
Family Law lawyers have echoed similar sentiments,
emphasising the need for immediate action to rectify the defective
certificates. They underscored the importance of compliance with legal
requirements to safeguard the rights and interests of married couples.
Legal expert Aaron Hamauswa said without correcting the
information on the marriage certificate, the marriage is null and void
according to the country’s laws.
“The High Court has the power to declare a marriage void
where the grounds for doing so exist. Where there is a declaration of nullity,
it is as if the parties never entered into a marriage at all,” Hamauswa said.
“The grounds on which a marriage can be declared void are
classified into two; non-compliance with the formal requirements and
non-compliance with the material requirements like in this case.”
The mistake could likely affect hundreds of people who
wedded so that they could relocate to the diaspora as a couple. For them, the
process of rectification poses additional challenges, including logistical and
bureaucratic hurdles.
“We thought we had completed all the necessary formalities
to legalise our marriage upon returning to Zimbabwe. The revelation of a
defective certificate has caught us off guard and necessitated urgent
corrective measures,” a couple who preferred to remain anonymous said.
The new Marriage Act also gives equal rights to
"girlfriends" and women in registered unions upon the dissolution of
a marriage or death of the husband.
Unlike in the past, the new law recognises civil partnerships, which are
not marriages, but are recognised only for property sharing.
Civil marriages under the previous Marriage Act were
considered superior and handled differently upon divorce. But now all marriages
are treated equally, giving Zimbabweans in other marriages more rights to
inherit property.
The new law outlaws child marriages by setting a minimum age of 18 for marriages and criminalises child marriages. Newsday
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