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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 <a href="https://www.herald.co.zw/lobola-not-outlawed-in-new-act-minister/">The Herald</a> that the only significant change in the Act was the establishment of a minimum age of 18 for marriage. He said:
<blockquote>
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.
</blockquote>
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:
<blockquote>
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.
</blockquote>
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:
<blockquote>
The latter type of marriage is a new inclusion in the country’s marriage laws.
</blockquote>
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.
<ul>
<li>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.</li>
<li>Civil partnership: These are acknowledged under the new Act but only for determining the rights and duties of the parties involved.</li>
</ul>
These arrangements aren’t legal marriages but are recognized for certain legal purposes.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

The new Marriage Act in Zimbabwe didn't ban lobola payments. Lobola is when the groom's family pays the bride's family to show respect. The only big change in the law is setting 18 as the minimum age for marriage. There are three types of legal marriages: civil, registered customary, and qualified civil. Unregistered customary unions and civil partnerships are not legal marriages but can affect things like asset division and child matters. So, lobola is still allowed in customary law marriages, and some other types of marriages are recognized for certain purposes.

New Marriage Act Did Not Outlaw Lobola Payments, Says Minister

Musician <a href="https://pindula.co.zw/Selmor_Mtukudzi">Selmor Mtukudzi</a> has posted her late father <a href="https://pindula.co.zw/Oliver_Mtukudzi">Oliver Mtukudzi’s</a> roora/lobola (bride price) list his in-laws asked him to pay when he married his first wife, Melody Murape.
Melody Murape is Selmor’s mother.
According to a calculation done by <a href="https://3-mob.com/entertainment/selmor-shares-tukus-1978-roora-lobola-list-and-this-is-how-much-it-is-in-todays-money/">3-mob.com</a>, Mtukudzi was asked to pay 523 Rhodesian dollars.
At the time the roora list was drafted (1978), one British pound was equivalent to two Rhodesian dollars, which translates to a total of GBP262.50.
Using the Bank of England’s inflation calculator, that is £1 370.31. In USD, that is $1 741.20, reported 3-mob.com.
<img alt="Oliver Mtukudzi roora Selmor Mtukudzi" decoding="async" src="https://3-mob.com/wp-content/uploads/2024/01/Oliver-Mtukudzi_roora_Selmor_Mtukudzi-768x1024.jpeg"/>
Today marks the fifth anniversary of Mtukudzi’s death. The legendary musician passed away on 23 January 2019 from diabetes.
Hundreds of popular people, fellow musicians and other prominent people attended his funeral.
Mtukudzi was declared a National Hero on 24 January 2019. His family, however, decided to bury him in Madziva.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Selmor Shares Her Father Oliver Mtukudzi's Roora List He Paid In Rhodesia Dollars

The High Court has set aside a decision that ordered a Karoi man to pay back US$2 700 bride price to his son-in-law after his wife cheated on him, reported <a href="https://www.hmetro.co.zw/relief-for-man-ordered-to-pay-back-bride-price-in-adultery-case/">H-Metro</a>.
Charles Bandera sued his son-in-law, Maxmillan Kondowe, appealing against a default judgment that ordered him to return the money after his daughter, Shumirai Bandera, committed adultery.
Maxmillan married Shumirai at a ceremony in Karoi sometime in March 2021 but was told he could only start living with her as his wife after their wedding.
But just two months after the lobola ceremony, Maxmillan discovered that Shumirai was sexually involved with another man. He confronted her and she allegedly confessed to the adultery in Harare.
Maxmillan went on to institute customary marriage divorce proceedings and the couple’s marriage was dissolved in January 2022.
He then served summons on Kondowe his father-in-law to return his bride price.
Kondowe failed to enter his appearance to defend the action leading the court to grant a default judgment in August 2022 that ordered him to return Maxmillan’s bride price.
After discovering that a Messenger of Court was deployed to execute the judgment, Kondowe applied for rescission of the same which was countered by Maxmillan’s application to stay the execution.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

High Court Rescinds Order For Father-in-law To Pay Back Lobola

A woman from Chigodora who lent her husband money for her lobola has been divorced after demanding the money back, reported <a href="https://www.manicapost.co.zw/woman-pays-own-lobola/">The Manica Post</a>.
The woman, Jennifer Maparanyanga claimed that her husband, Kenny Mlambo was loving and caring during the first few years of their marriage but became abusive after she asked him to pay back the US$300 that she loaned him for her bride price.
The matter was recently heard by Headman Chigodora’s court where Jennifer was accompanied by her father, Phineas Maparanyanga.
Jennifer claimed she had tried to seek help from the police and family elders, all in vain. She said:
<blockquote>
When he eventually paid the money, he told me that the money was now my husband since I loved it so much.
He started coming home late and would sleep clad in his work suits, denying me my conjugal rights. He says the money should fulfil those matrimonial duties.
</blockquote>
Jennifer told the community court that she only agreed to help Mlambo with the lobola money due to her love for him and the fact that she desperately wanted to get married. She said:
<blockquote>
He told me that he wanted to marry me but only had US$600, which to him was very little and disrespectful to my father.
I lent him US$300 to top up his money. He promised to pay back the money the following month but failed to do so.
I was shocked when Mlambo and the go-between only paid the US$300 that I had given him.
I asked him about the other US$600 that he had claimed he had, and he told me that he had used it to buy the clothes they were putting on during the ceremony.
He said the rest of the money had been confiscated by his mother.
</blockquote>
Jennifer’s father, Phineas Maparanyanga, said he was hurting because Mlambo was staying with his daughter for “free” as she had paid her own lobola. He said:
<blockquote>
She was trying to keep this issue under wraps because she loves her husband. However, one day, I interrogated her about why they were always fighting. She told me the genesis of their endless fights.
She burst into tears, confessing that she had unknowingly paid her own lobola. I was hurt because Mlambo tricked my daughter.
Up to now, I am still hurt because he is staying with my daughter for “free”.
</blockquote>
Mlambo said he wants to divorce Jennifer for spreading lies that he is dysfunctional in bed. He said:
<blockquote>
She is pregnant, yet she tells me that I am useless in bed and that I sleep in my work suits. Had I been useless in bed, she would not be pregnant.
Why does she insist that I am responsible for the pregnancy? I now believe that she is carrying someone else’s baby.
I want her out of my life but her parents are refusing to take her back because they claim that I tricked her into paying her own lobola. I have since paid the money that I owed her,
</blockquote>
In his ruling, Headman Chigodora said it was an abomination that Mlambo had made his wife pay her own lobola.
The traditional leader ordered Mlambo to pay damages to the Maparanyanga family. Said Headman Chigodora:
<blockquote>
Since you no longer want their daughter after you tricked her into marrying herself, you will have to pay damages of US$3 000.
You did not pay any lobola to the Maparanyangas since it was their daughter’s money that you paid them during the lobola ceremony.
What you did was very disrespectful to your in-laws and your wife. You are a trickster, and for that, you need to work hard and pay the damages to them.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Zimbabwean Woman Pays Own Lobola

The Mutare Magistrates Civil Court has dismissed an application for a lobola refund by an aggrieved bridegroom.
<a href="https://www.manicapost.co.zw/court-quashes-mans-lobola-refund-bid/">The Manica Post</a> reported that Eddington Machingauta had dragged his in-laws, Godwin Madenga and Betty Gombarume, as well as his estranged flame, Patricia Chantelle Madenga to the court, demanding restitution of US$4 240 which he claimed to have paid as bride price.
Machingauta was represented by Makuwaza &amp; Magogo Attorneys, while the defendants were represented by Chris Ndlovu of Gonese and Ndlovu Legal Practitioners.
Madenga dismissed the claim that Machingauta paid US$4 240 as bride price saying he only paid US$500 towards lobola, with the other payments “not constituting lobola perse”.
Presiding magistrate, Priscilla Gumbo dismissed Machingauta’s application saying his motives were not clear. Ruled the magistrate:
<blockquote>
It is still unclear why you decided to lay dormant after paying lobola and only decided to resurface demanding a refund of the lobola.
This raises questions on whether the applicant wanted his wife or if it was all a sham.
My belief is the applicant would have taken the necessary actions to have his wife back if he truly wanted the marriage to subsist.
</blockquote>
Gumbo ruled that Machingauta is not entitled to a refund since the marriage was never dissolved as he did not offer his wife a divorce token “gupuro”.
Allegations were that on 09 August, Machingauta visited his in-laws at their Pegasus house in Dangamvura in the company of his family to set a date for lobola payment and was given a bride price list with a total of US$11 240.
Machingauta only managed to pay US$3 690 and groceries worth US$550, making it a total of US$4 240.
After receiving the lobola, the bride’s parents refused to hand over their daughter to Machingauta as they insisted that he needed to top up the money.
Between August and October, Machingauta and Patricia’s relationship turned sour, prompting the woman to change her mind and opt out of the marriage.
Machingauta said that he tried to negotiate with his in-laws so that they could either restitute his money and groceries or give him his wife, all to no avail.
However, the father-in-law said Machingauta was called to come and take his wife, but he refused to do so.
The defendants’ attorney, Ndlovu, argued that lobola is a customary law practice and tradition, but the complainant had sued his clients under general law and not under customary law.
He said Machingauta should go through proper channels to solve the matter.
The lawyer further argued that lobola is a transaction between a son-in-law and his father-in-law, hence Machingauta cannot sue his mother-in-law and his estranged wife.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Court Dismisses Man’s Lobola Refund Application

A Zimbabwean man is suing his father-in-law to recover US$2 700 he paid as bride price (lobola) alleging that his new wife cheated before their wedding.
According to a <a href="https://www.zimlive.com/man-sues-father-in-law-to-recover-lobola-after-new-wife-cheats/">ZimLive</a> report, Maxmillan Tapiwa Kondowe won a default judgement against Charles Bandera at the civil court but two High Court judges have granted him temporary reprieve by allowing him to appeal.
Justices Benjamin Chikowero and Samuel Deme, sitting as an appeal court, on Monday barred Kondowe from executing the default judgment pending the outcome of his appeal. Said Chikowero:
<blockquote>
In our view, there was no evidence of deliberateness that was placed before the court a quo and hence there was no wilful default.
</blockquote>
Kondowe told the civil court that sometime in March 2021, he paid the bride price for Shumirai Bandera from Karoi.
He said that after the ceremony, he was not allowed by the bride’s father to immediately start living with his wife until after their wedding.
<figure class="wp-caption alignnone" style="width: 960px"><img alt="" decoding="async" height="676" loading="lazy" src="https://www.zimlive.com/wp-content/uploads/2023/11/shumirai-bandera-1000.jpg" width="960"/><figcaption class="wp-caption-text">Shumirai Bandera (Picture Credit: ZmLive)</figcaption></figure>
Kondowe claimed that two months after the lobola ceremony, but before the wedding, he discovered WhatsApp messages on his wife’s phone showing that she was dating another man.
He said he confronted his wife who allegedly admitted having cheated.
Kondowe divorced his wife and took his father-in-law to the small claims court demanding his lobola back.
Bandera was served with a summons but failed to enter an appearance to defend.
Kondowe then successfully applied for default judgment against the Bandera.
When Bandera found out that the Messenger of Court wanted to execute the default judgment, he proceeded to apply for a rescission of the judgement.
He applied for an interim order for a stay of execution of the default judgment which was dismissed by the civil court.
Bandera then appealed to the High Court which has paused the execution of judgement until the matter is heard.
More: <a href="https://www.pindula.co.zw/2023/11/18/president-mnangagwa-reverses-the-appointment-of-general-valerio-sibanda-to-zanu-pf-politburo/">Pindula News</a>

Man Sues Father-in-law To Recover Lobola After New Wife Cheats Before Wedding

Zimbabwean men can now pay roora/lobola only if they want to do so as a bride price is now a moral decision rather than a legal requirement under the New Marriages Act.
This was said by the director of the Law Development Commission (LDC), Netsai Zvakasikwa, during a recent interactive public legal awareness meeting aimed at clarifying the main provisions of the recently enacted Act, in Masvingo Province.
Zvakasikwa said that although the Government acknowledges moral values and cultural customs surrounding marriages, the payment of bride price is no longer obligatory. The <a href="https://www.chronicle.co.zw/lobola-payment-optional-new-marriages-act/">Chronicle</a> quoted Zvakasikwa as saying:
<blockquote>
Chiefs have expressed disapproval of the Civil Marriages Act provision stating that “roora” consideration is no longer a requirement.
However, as indigenous Zimbabweans, we are attempting to make it clear that we did not create the civil marriage system; rather, we inherited it.
</blockquote>
Some traditional leaders believe that the changes to marriage laws are a threat to Zimbabwe’s prevalent marriage culture where the payment of bride price is key.
Zvakasikwa said people should continue adhering to their traditional marriage practices. She said:
<blockquote>
As a result, we are continuing the civil marriage tradition, much as our former colonisers did, though our values and customs still emanate from Zimbabwe.
We are not advocating that you ignore the required “roora” payment in order to comply with the Act.
Though the Act’s provisions stipulate that it is no longer required, do it because it is part of our culture.
</blockquote>
LDC deputy chair, Rex Shana said soon, villagers will no longer need to travel to cities to solemnise marriages as traditional leaders will be designated to officiate customary marriages. He said:
<blockquote>
Chiefs will soon be designated to officiate customary marriages within their respective jurisdictions following the new requirements.
According to the recently passed statute, chiefs are awaiting induction. We are not abolishing their customs; however, the Act has introduced new obligations, such as verifying that the couple getting married is at least eighteen years old and that they are unrelated in any way, meaning that a brother cannot wed a sister or a cousin. Cousins by birth cannot get married.
</blockquote>
The LDC is conducting nationwide legal awareness meetings on the Marriages Act [Chapter 5:17] enlightening communities about the new law and its applicability to them.
LDC is responsible for conducting research, making recommendations, and providing legal advice to the government and other stakeholders on matters related to law and justice.
More: <a href="https://www.pindula.co.zw/2023/11/18/president-mnangagwa-reverses-the-appointment-of-general-valerio-sibanda-to-zanu-pf-politburo/">Pindula News</a>

Zimbabwean Men No Longer Under An Obligation To Pay Lobola

A woman from Bulawayo’s Magwegwe West suburb has applied for a peace order against a man who allegedly impregnated her 27 years ago but denied responsibility.
Liliyosa Dlamini said she gave birth to twins 27 years ago after a relationship with Calvin Chimuka.
She said after the birth of the twins, Chimuka forsook her and refused to support the children, claiming he was not their father.
Chimuka, however, has re-appeared, 27 years later, now that one of the children is getting married. He said he wants a share of the bride price.
Dlamini is against that and doesn’t want him to be part of the lobola negotiations. In her affidavit she said:
<blockquote>
I’m applying for a peace order against my former lover Calvin Chimuka. 27 years ago I had two children with him.
And he denied being the father of the children and refused to pay for their upkeep. My father ended up staying with them at his rural home.
Now he wants to benefit from the bride price. I refused but he comes to my house and hurls insults at me and my family members.
He even branded my child and me whores.
</blockquote>
Presiding magistrate Ulukile Ndlovu granted Dhlamini a peace order against Chimuka who did not attend the court session.
Chimuka was ordered not to verbally abuse Dhlamini and not to go to her home.
<h4>More: <a href="https://www.bmetro.co.zw/man-denies-paternity-demands-lobola-27-years-later/">B-Metro</a></h4>

Man Denies Paternity, Returns 27 Years Later To Demand Lobola

A Nigerian man, who married a Zimbabwean woman, promised his in-laws that he will fly cattle from his home country for the payment of roora/ lobola (bride price).
Adewale Yusuf Olayiwola married his fiancée Nunurai Colleta Mudarikwa, daughter to Uzumba MP Simbaneuta Mudarikwa (ZANU PF) and his wife Verna Muromba Mudarikwa in Mutoko.
Adewale, who is from Nigeria’s Osun State Province reportedly paid at least US$10 000 cash.
Mudarikwa’s Nigerian son-in-law is in Real Estate and Logistics entrepreneurship in both Nigeria and South Africa.
He was represented by his father’s brother, Ishmael Olayiwola, two men and a woman all from Nigeria during the marriage rituals.
Speaking to H-Metro, the bride, Nunurai, expressed excitement following her marriage to Adewale. She said:
<blockquote>
I am excited because today is my birthday and I am getting married to Adewale.
We met about five years ago through mutual friends at a friend’s house. In fact, we started off as friends and we eventually started dating.
I do not tolerate cheating and it helped me in my relationship. I do not have the emotional capacity, so I cannot stay with a cheating man, even if I get that my husband is cheating on me, I won’t stand it.
</blockquote>
She said cultural differences made the marriage a bit of a challenge but they managed to mix the two to come up with a hybrid culture. Said Nunurai:
<blockquote>
The only challenge that I faced is that my husband is Nigerian, so cultural differences were kind of a challenge for both families at some point.
However, we managed to have a mix of both and we ended up with our own culture.
</blockquote>
<h4>More: <a href="https://www.hmetro.co.zw/nigerian-to-fly-cattle-to-zim/">H-Metro</a></h4>

Nigerian Man To Fly Lobola Cattle For His Zimbabwean Fiancée

There is no law that compels Zimbabwean men to pay lobola (bride price) to their in-laws and the arrangement can only be done with the consent of both parties.
Therefore, a father cannot block his daughter from marrying a man of her choice because the suitor has not paid lobola.
This was settled once and for all by the Supreme Court of Zimbabwe in 1984 in the case of Katekwe v Muchabaiwa.
United Kingdom-based law lecturer, Alex Magaisa revisited the case in a recent Twitter thread:
<blockquote>Lobola: Katekwe v Muchabaiwa
This thread is in honour of one of the iconic cases in Zimbabwean Family Law, reported in 1984. The father of a woman had sued for seduction damages from the man. The lower courts had ruled in his favour but the man appealed to the Supreme Court.
The Supreme Court ruled that the Legal Age of Majority Act, passed in 1982 (LAMA) had liberated black women from their old status as perpetual minors under customary law. A father no longer had a right to claim seduction damages for a daughter who had reached 18 years.
It’s probably hard to imagine it now but LAMA &amp; the judgment were pretty revolutionary for black women. Before, a black woman was a minor under the guardianship of her father or husband. She could not enter into any contracts, including marriage without her guardian’s consent.
LAMA meant at 18 a black woman acquired full legal capacity &amp; the power to enter into any contract. The SC reasoned that if a woman could now marry without her father’s consent, the father had also lost the right to demand payment of lobola before the marriage.
In the past, since the father’s consent was necessary, a woman’s marital fate was entirely in her father’s hands. He could withhold consent until the prospective husband paid lobola. A woman’s body &amp; choice were controlled by the father &amp; afterwards by her husband.
In theory, seduction damages were based on the reduction in value of the lobola that the father was entitled to per customary law. However, the SC reasoned, since LAMA had done away with lobola, the basis for seduction damages had also fallen away. A father had lost the right.</blockquote>
<h4>More: <a href="https://twitter.com/Wamagaisa/status/1388127559045591043?s=20" rel="noopener" target="_blank">Alex Magaisa on Twitter</a></h4>

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