Traditional chiefs from across the country were yesterday
certified as legal marriage officers after completing an intense two-day
training programme on marriage and inheritance regulations and procedures in
Bulawayo.
The chief’s mandate now encompasses monitoring and
preventing child marriages, as well as supervising the distribution of
inheritance. The National Council of Chiefs in conjunction with the Ministries
of Justice, Legal and Parliamentary Affairs, and Local Government and Public
Works organised the rigorous sensitisation workshop to equip chiefs with
knowledge and skills to provide efficient service.
In conducting marriage ceremonies, chiefs are only allowed
to solemnise unions within their area jurisdiction.
In his address, the acting deputy chairperson for the Law
Development Commission, Mr Rex Shana, said as custodians of the law, chiefs
must also enforce and promote harmony in unions.
“Chiefs are marriage officers and not divorce officers.
They are not allowed to conduct or oversee any divorce matters, as this is the
duty of the courts,” he said.
“This is in accordance with the laws of Zimbabwe. In the
same light, even the same magistrate who solemnises a couple is not allowed to
be involved in their divorces and this is why these matters are taken to higher
courts,” said Mr Shana.
Justice, Legal, and Parliamentary Affairs Minister, Ziyambi
Ziyambi, who was represented by his deputy Mr Norbet Mazunguye, said the
workshop marked a significant phenomenon as the country embarks on a mission
concerning the intricate issues surrounding marriages and inheritance in
Zimbabwe.
“In many communities across Zimbabwe, chiefs serve as
custodians of tradition, culture and governance, wielding significant influence
and authority within their respective domains,” he said.
“It is, therefore, fitting that we recognise their
invaluable contribution to our society and empower them to play a more active
role in the marriage process.
“I am pleased to certify the chiefs as marriage officers
under Section 9 (1) of the Marriages Act (Chapter 5:17). The provision says
‘every chief shall, by his or her office and so long as he or she holds such
office, be a marriage officer for a customary law marriage in the district in
which he or she holds office’,” said Minister Ziyambi. He said the designation
acknowledges the vital role that chiefs play in the community and formalises
their authority to solemnise marriages according to customary rites.
Minister Ziyambi said granting chiefs the official status
will enhance their capacity to uphold the principles of consent, equality and
justice in the marriage process, thereby promoting harmonious relationships and
strengthening the social fabric of our nation.
“Furthermore, this underscores our commitment to fostering
collaboration and partnership between traditional leaders and Government
institutions,” he added. “By working together with mutual respect and
co-operation, we can leverage the unique strengths and insights of both parties
to address the complex challenges facing our society and promote sustainable
development and prosperity for all.”
Minister Ziyambi said marriages are the foundation of
family and community structures and hold immense significance.
He explained that marriages are not just a union between
two individuals, but also a binding force that shapes family ties, social
dynamics and economic stability.
“However, despite the happiness that comes with marriage,
there are also challenges and complexities that require our attention and
understanding. In Zimbabwe, as in many societies, the principle of consent is
paramount in marriages,” said the minister.
“Section 26 of the Constitution underscores the importance
of free and full consent, ensuring that no marriage is entered into without the
genuine agreement of both parties.
“This provision safeguards individual autonomy and protects
against forced or coerced unions, thereby upholding the dignity and rights of
all individuals.”
He added that the issue of child marriages remains a
pressing concern, noting that despite legal prohibitions and international
commitments, child marriages continue to persist in some communities in the
country, robbing children of their childhoods, education and prospects.
“Section 3 of the Marriage Act reinforces the prohibition
of child marriages, setting a minimum age requirement for marriage and imposing
penalties for violations.
Yet, the prevalence of this practice underscores the need
for concerted efforts to address underlying factors such as poverty, cultural
norms, religious beliefs and lack of education,” said Minister Ziyambi.
While the Constitution and the Marriage Act provide legal
frameworks for civil marriages, customary unions are governed by traditional
practices and norms.
As such, Minister Ziyambi said Section 5 of the Marriage
Act acknowledges the potential polygamous nature of customary unions,
reflecting the cultural diversity and traditions of Zimbabwe’s communities.
“However, discrepancies between customary and statutory
laws often lead to legal ambiguities and inconsistencies, particularly
regarding the rights of spouses and children in polygamous marriages.
“By promoting awareness, fostering dialogue and advocating
for the rule of law, we can work towards building a more just, equitable and
inclusive society.
“Together, let us strive to uphold the principles of
consent, equality and justice, ensuring that all individuals, regardless of
their marital status or background, are treated with dignity and respect,” said
Minister Ziyambi. Chronicle
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