15. 2 Community of property excluded from … (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. There will be one Act of Parliament governing marriages in Zimbabwe and the new Act will also update the law in line with the Constitution. The correct legal term for this marriage is the “Customary marriage. Gonda: Sylvia Chirawu, the national coordinator of Women and Law in Southern Africa says there are three kinds of marriages in Zimbabwe. Some people call this marriage, “muchato wekwamudzviti,” because the District Administrator (mudzviti) had the power to preside over this marriage. A person cannot be married under both the general law and customary at the same time. Publication outside Zimbabwe of banns or notice of intention to marry. position in any such religious denomination or organization. (2) A certificate in terms of subsection (1) shall state the full names, age, condition and residential address of each of the parties concerned and the dates on which or. 32. 25. marriage, such marriage officer may issue the relevant certificate or solemnize the marriage, as the case may be, and such magistrate need take no further action. 4. (b)        a magistrate, to solemnize a marriage outside the ordinary hours of attendance observed at offices of the State. (4) For the purpose of any interrogation in terms of subsection (3), the magistrate may administer an oath to each such party. We must forge ahead with meeting the aspirations of Agenda 2063.. (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. A marriage contracted in terms of the Marriage Act [Chapter 5:11] (once known as the Chapter 37 marriage). 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? (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. “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. (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. [Date of commencement: 1st March, 1965.] (2) No person shall be entitled to a refund of any fee paid in respect of a certificate. Penalty for failure to comply with section 31. 17        Period of validity of banns, notice of intention to marry and marriage licence, (1) Unless a marriage is solemnized in pursuance of banns of marriage or notice of intention to marry published, or a marriage licence issued, under this Act within three, months of the first date of publication of such banns or notice or the date of issue of. (3) A marriage between Africans which is solemnized in terms of the Marriage Act shall be invalid unless there was produced to the minister of religion or other marriage officer the certificate required in terms of subsection (1). A widow or widower intending to get married in terms of the Marriage Act (Chapter 5:11) must produce a Certificate from the Master of the High Court. “magistrate” means any magistrate appointed in terms of the Magistrates Court Act. Every magistrate shall, by virtue of his office and so long as he holds such office, be a marriage officer for the district in which he holds office. PART II, 3          Magistrate to be marriage officer for district. Certificate of publication of notice of intention to marry. The spouses are also not liable for each other’s debts unless the debt is acquired jointly. BE IT ENACTED by the Queen's Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows: 1. (3) Nothing in subsection (1) contained shall be construed as relieving any person, in respect of whom a direction has been issued thereunder, from the liability to prosecution for any offence committed by him. by him as a marriage officer in terms of this Act. Incidence. (3) If such marriage officer or magistrate is not satisfied in terms of subsection (2), he shall refuse to issue the relevant certificate or solemnize the marriage, as the case may. Bulawayo's most popular daily newspaper. ], 35        Penalties for solemnizing marriage contrary to this Act and for false representation or statement, Any marriage officer who knowingly solemnizes a marriage in contravention of this, Act or any person who makes, for any of the purposes of this Act, any false representation or false statement knowing it to be false, shall be guilty of an offence. %PDF-1.5 6          Change of name of religious denomination or organization and amalgamation of religious denominations or organizations, (1) A change in the name of a religious denomination or organization or the amalgamation of a religious denomination or organization with any other religious, denomination or organization shall not affect the designation as a marriage officer of any person who was so designated by virtue of his occupying any post or holding any. PART I. The plaintiff must first prove that defendant was in an adulterous affair with his/her spouse. Magistrate to be marriage officer for district. -, 2. For legal aid to be granted the following tests must be satisfied: the Means Test; Merit Test B; the Availability of Funds Test, and; Legal Aid NSW is satisfied that: THE Bill merges all marriage laws into one Act. CHAPTER 5:11 MARRIAGE ACT SIMPLIFIED ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Unauthorized solemnization of marriage ceremonies forbidden. (4) This section shall not apply to a person who is under the age of eighteen years and who previously contracted a valid marriage which has been dissolved by death or divorce. Polygamy in Zimbabwe was traditionally practised … %���� 5.9 Divorce and nullity of marriage. (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. such licence, such banns or notice or licence, as the case may be, shall lapse and no marriage shall be solemnized in pursuance thereof. 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. 6. place in or in the immediate vicinity of the ordinary place of worship of the congregation concerned. 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. 1. Marriage Amendment Act 11 of 1964 – Gazette No. 11        How publication of banns of marriage to be made. In solemnizing any marriage the marriage officer, if he is a minister of religion, may follow the rites usually observed by his religious denomination or organization, but if, he is any other marriage officer he shall cause each of the parties in some part of the proceedings to make the following declaration—, “I do solemnly declare that I know not of any lawful impediment why, I, A.B., may not be joined in matrimony to C.D., here present.”, and each of the parties shall say to the other—. 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. 4. 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. -, 2. was no other lawful impediment thereto, direct in writing that it shall for all purposes be a valid marriage. (2) Section seventeen shall apply, mutatis mutandis, with reference to any banns or notice referred to in subsection (1). 1. In terms of section 68 (3)Where a customary marriage precedes that under the Marriage Act, both marriages are regarded as valid for purposes of the Act and the Marriage Act marriage is regarded as a customary marriage 11. (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. Penalties for solemnizing marriage contrary to this Act and for false representation or statement. (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. endobj 29. Law 48 of 1957. �}!2�Bd�?ݠ��=��^�@r�ߢ��2,�i>��~Ȍ��-�_�p.�w�ɤ�e����8���c�v���J�蔅��`��b .p%�ڒ�������vK3�,ڍ��62[��#�g#�������d�Y�c͙ڝ�xZ�n��z�����2��άF��~�Y�V��5��"O�� ��. (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. This has been the law in Zimbabwe since the 1929 Married Person Property Act. (a)        the person who makes publication of the relevant banns of marriage or notice of intention to marry: Provided that, in the case of banns published in terms of paragraph, (a) of subsection (2) of section eleven, any person desiring to raise any objection may do so orally, and such objector shall, if so required by the person making the publication, confirm such objection in writing; or, (b)        the magistrate who issues a marriage licence in respect of such, (c)        the marriage officer who is to solemnize such marriage. stream 4 0 obj AN ACT to amend the law as to the property of married persons. Legal aid is available for a court application relating to divorce or nullity of marriage. [Date of commencement: 1 January 1929.] (2) The marriage of a minor shall not be solemnized without the consent in writing of, the persons who are, at the time of the proposed marriage, the legal guardians of such minor or, where a minor has only one legal guardian, without the consent in writing, (i)         if the consent of any legal guardian cannot be obtained by reason of absence or inaccessibility or by reason of his being under any disability, a judge of, the High Court may grant consent to the marriage, and the consent of the judge so given shall have the same effect as if it had been given by the legal guardian whose. *"2��L� ���vZ�\��e�֊�ӂ�Z�e'��9|��G�no�-���W�v���-�&YF f�C\)1���`��z߹���܂��'��/�V+`�d�|�a.?��! ss 00-00 CONSTITUTION OF ZIMBABWE 1 CHAPTER 5:12 MARRIED PERSONS PROPERTY ACT Acts 10/1928, 10/1959 (ss. 288. 32), 20/1968, 42/1971 (s. 5), 37/1972. 25        Time and place for, and presence of parties and witnesses at, solemnization of marriage. preceding the date of the receipt of such application. Period of validity of banns, notice of intention to marry and marriage licence. (2) The Registrar shall keep a register in the prescribed manner of all persons designated by the Minister in terms of subsection (1) as marriage officers. prescribed fee, if any, issue to them a marriage licence in the prescribed form. endobj Legality of marriages between persons within certain degrees of affinity. 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. ~��(�Ŭ4�r�M�,�z��;���ё�yh~�K���,~Ӟ�j�2�Kyb\y����;iX���5���b������b��_w�1m��T_ICņ�v1�C1q��p!4�4K��,ųI���uHe�@��\�-��oڒCR�CRZt�kb����&�MLx���ؚ'nW�)���|���2Hs;:_p��d;��%e-�|*��~��"3��.�EBϫv��^%�w�u�h�h��uH�4���*rr�| (2) The magistrate to whom an application in terms of subsection (1) is made shall, require each of the parties to furnish him with their full names, age, condition and residential address and may put to each of them such questions as he may deem. 13. Թ����qЪb��P8:˸�}՚ʸ���n��K�z\�vv�o����'�Ì�aDl�pd��^�Y�$ֽ��Bb:?� The correct legal term for this marriage is the “Civil” or “Monogamous” marriage. 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? marriage officer in lieu of a certificate or notice of intention to marry if the marriage officer is satisfied that publication of such banns or notice of intention is not required by the laws of that country. Newsday Zimbabwe Everyday ... (Section 3 Customary Marriages Act). 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. amalgamates with any other religious denomination or organization, it shall immediately inform the Minister thereof. This Marriages Bill, 2019, repeals and replaces the current Customary Marriages Act [Chapter 5:07] and the Marriage Act [Chapter 5:11]. Certain marriage officers may refuse to solemnize certain marriages. (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. Commencement date: 28 February 1964. Revocation of designation as marriage officer. Zimbabwe, as a signatory to some of these laws will benefit immensely from upholding the human rights standards provided therein. 237. If a couple were married under Marriage Act Chapter 5:11 and then they separate for a long time and eventually the wife dies, the husband … (2) Such banns of marriage shall specify the full names and residential address of, each of the persons to be married and publication thereof shall, subject to subsection, (a)        in an audible manner, some time during public divine service, on three, Sundays preceding the solemnization of the marriage, in the face of the congregation before whom such minister of religion or other authorized person officiates; or, (b)        by posting the banns, for an unbroken period covering three successive Sundays preceding the solemnization of the marriage, in a conspicuous. The spouse who is filing for divorce must establish one of the grounds whether or not the divorce is contested; however, the court will examine the … complete two duplicate original registers of that entry, inserting therein the same particulars as appear in the entry. 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. (3) If the Minister so directs, it shall be deemed that he granted written permission to. religious denomination or organization for or by reason of anything done or to be done by him in terms of this Act. (1) Any minister of religion or any person authorized by the authority governing the religious denomination or organization concerned may publish banns of marriage. (2) Regulations made in terms of subsection (1) may provide for—. rites or the rites of any religion, and such person shall, for the purposes of this Act, be known as a minister of religion. But this does not relate same where the marriage under the Marriage Act precedes a customary marriage. ARRANGEMENT OF SECTIONS. (2) A marriage officer shall solemnize any marriage in a church or other building used for religious service, or in a public office or private dwelling-house or other. This means that everything each person owns or gets before and during the subsistence of the marriage remains his/ her own. Acts 81/1964, 6/1967 (s. 15), 35/1967.(s. In 1982, the defendant “married” another wife in terms of (Chapter 5:11) even though their customary law marriage was still in subsistence. (2) Upon payment of the prescribed fee, the Registrar shall—, (a)        on application made in writing, cause a search to be made in the. 37), 22/2001; S.I’s 213/1982, 666/1983. An HIV mother breastfeeding a baby: Did she commit a criminal offence? necessary to determine whether any lawful impediment exists to the proposed marriage. Since its inception this Journal has had an Editorial Board consisting of editors from the Faculty of Law at the University of, Using religion to sexually exploit young female parishioners Case note on the Gumbura rape cases - By Geoff Feltoe, When Culture Clashes with the Criminal Law Case note on S v Hamunakwadi 2015 (1) ZLR 392 (H); S v Musino HH-158-17 and S v Taurayi HH-298-90 By Geoff Feltoe, Aligning the Administrative Justice Act with the Constitution, Final Papers of the 2016 National Symposium on the Promise of the Declaration of Rights under the Constitution of Zimbabwe, SELECTED ASPECTS OF THE 2013 ZIMBABWEAN CONSTITUTION AND THE DECLARATION OF RIGHTS, African Customary Law, Customs, and Women's Rights - Muna Ndulo, A GUIDE TO ADMINISTRATIVE AND LOCAL GOVERNMENT LAW IN ZIMBABWE, Commentary on the Criminal Law (Codification and Reform) Act [Chapter 9:23]. <> (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. It repeals Chapter 22 of the Marriages Act, which had allowed child marriages. The Leading Family Newspaper in Zimbabwe. “I call upon these persons here present to witness that I, A.B., do take C.D. 9. Plaintiff must also prove on a balance of probabilities that defendant knew of the existence of plaintiff’s a marriage. ss 00-00 CONSTITUTION OF ZIMBABWE 1 CHAPTER 5:12 MARRIED PERSONS PROPERTY ACT Acts 10/1928, 10/1959 (ss. Legal aid is available for a court application relating to divorce or nullity of marriage. licence which has lapsed by virtue of subsection (1). 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 contract? (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 … This Act may be cited as the Marriage Act [Chapter 5:11]. Interpretation. (1) Parties desiring to marry without the publication of banns or notice of intention to marry may personally apply to a magistrate for a licence to marry without the publication of banns or notice to marry. 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). That title has now changed to the Marriage Act [Chapter 5: 11]. 23. (i)         is required to issue a certificate in terms of section twelve or fifteen; (ii)        is to solemnize the marriage; or, (b)        the magistrate who has issued a marriage licence in terms of section, such marriage officer or magistrate, as the case may be, shall inquire into the ground of objection and, if satisfied that there is no lawful impediment to the proposed. [amended by Act 22 of 2001, with effect from the 10th September, 2002. 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. A widow or widower intending to get married in terms of the Customary Marriages Act (Chapter 5:07) i.e. (d)        a marriage licence has been issued. The term harmonisation in this context means that the laws should be united together and couched under one Act of Parliament as opposed to having different Acts being the Marriage Act (Chapter 5:11) and the Customary Marriages Act (Chapter 5:07). This came at a meeting organised by a civic society group to unpack the proposed amendments to the Marriages Act section 40 in Bulawayo. endobj ACT To consolidate and amend the laws relating to the solemnization of marriages and matters incidental thereto. A male or female in a ‘Chapter 37’ marriage (now Marriages Act, Chapter 5:11) may sue the third party for adultery. This is a monogamous marriage and … Formerly Chapter 238, this type of marriage now exists under the Customary Marriages Act [Chapter 5: 07]. It proposes to merge and reconcile the Marriages Act (Ch 5:11) and Customary Marriages Act (Chapter 5:07) and confer equal property rights to parties of both respective marriages. In Zimbabwean civil law, the Marriage Act of Zimbabwe only recognises monogamous marriages. PART III, 8          Unauthorized solemnization of marriage ceremonies forbidden. Registration Book, such particulars as may be prescribed of every duplicate original register filed by him. In terms of the Customary Marriages Act Chapter 5:07 (it used to be known as Chapter 238), a man may marry more than one wife legally. It is called a monogamous marriage because it allows a man to marry only one wife and a … 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, 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. (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 (2) An application in terms of subsection (1) shall—, (3) If the magistrate to whom such application is made is satisfied that the applicant has resided in the district in respect of which the magistrate holds office, for a period, of at least fourteen days immediately preceding the date of the receipt of the application, he shall publish such notice by posting it in a conspicuous place in or in. There are two factors that must be proved in an adultery claim. (1) A marriage may be solemnized at any time. 5.9 Divorce and nullity of marriage. 78 and 79); RGN 27/1963, SI 816/1981. 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