New Marriage Act Did Not Outlaw Lobola Payments, Says Minister
The 2022 Marriage Act, which consolidated the previous separate laws for civil and customary marriages into a single law, did not outlaw the payment of lobola, according to a cabinet minister.
Lobola, also known as bride price, involves the groom’s family paying money or goods to the bride’s family as a sign of respect and appreciation for their daughter’s upbringing.
Some social media posts have recently claimed that the Marriage Act banned lobola for customary law marriages.
Responding to these claims, Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi told The Herald that the only significant change in the Act was the establishment of a minimum age of 18 for marriage. He said:
Recent social media posts purporting to explain the meaning and scope of the provisions of the new Marriages Act (Chapter 5:17], which was promulgated in 2022, have been brought to my attention.
As the minister responsible for the administration of justice in the country and specifically assigned to administer the Marriages Act, I wish to categorically state that these social media posts are misleading, mischievous and deliberately intended to create alarm and despondency amongst the generality of the public.
Ziyambi said the new legislation consolidates the laws governing all legally recognized marriages in the country into a single piece of legislation.
Before its promulgation, two separate Acts provided the legal framework for marriages: the Marriage Act [Chapter 5:11] for civil marriages and the Customary Marriages Act [Chapter 5:07] for registered customary marriages. Said Ziyambi:
The new Act did not and does not alter the erstwhile requirements for a valid civil or registered customary law marriage, save to the limited extent of placing a complete prohibition on child marriages — thus bringing our marriage laws into conformity with Section 78(1)(a) of the Constitution, which prescribes the minimum age of marriage as 18 years.
To this end, it is important to point out that the payment of roora/lobola or marriage consideration remains a requirement for customary law marriages.
Ziyambi explained that the new Act recognizes three types of legally recognised marriages: civil marriage, which is monogamous between one man and one woman; registered customary law marriage, which is polygamous or potentially polygamous and is contracted between adult Africans; and qualified civil marriage, which is also polygamous or potentially polygamous, primarily catering to adherents of the Islamic faith. He said:
The latter type of marriage is a new inclusion in the country’s marriage laws.
Apart from legally recognised marriages, there are two other domestic arrangements in Zimbabwe: unregistered customary unions and civil partnerships.
Though these are not considered legal marriages, they can affect how assets are divided if the relationship ends or when a partner dies without a will, as well as matters concerning children.
- Unregistered customary union: This can become a legally recognised marriage if registered. The new law also allows for converting a monogamous registered customary union into a registered civil union.
- Civil partnership: These are acknowledged under the new Act but only for determining the rights and duties of the parties involved.
These arrangements aren’t legal marriages but are recognized for certain legal purposes.
More: Pindula News
