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Prisca Mupfumira, the ZANU PF Senator for Mashonaland West province, asserts that girlfriends of married men, colloquially known as “small houses,” should not receive benefits from a deceased estate to the detriment of the deceased’s spouse.
As of 2022, the Marriages Act (Chapter 5:15) acknowledges ‘civil partnerships’—unions between a man and a woman who cohabit without the customary payment of lobola—and grants property rights to the individuals in such relationships.
During a Senate debate initiated by Mashonaland West Senator Bybit Lydia Tsomondo, Mupfumira emphasized that “small houses” should not automatically inherit from a deceased estate solely based on cohabitation. She said (<a href="https://www.sundaymail.co.zw/new-senator-calls-for-protection-of-widows-from-small-houses">via The Sunday Mail</a>):
<blockquote>
You find that sometimes some girlfriends end up benefitting. It might be because the husband was cohabitating with a girlfriend for three months and you find such a woman benefitting…Because he died while staying with a small house, she ends up taking everything.
</blockquote>
The Marriages Act, which was promulgated in May 2022 and took effect in August 2022, repealed both the Customary Marriages Act (Chapter 5:07) and the Marriage Act (Chapter 5:11). Now, there is one comprehensive law governing all marriages in Zimbabwe.
Here are the salient points to note from the Marriages Act:
<h2>1. AGE OF MARRIAGE</h2>
The minimum age of marriage is 18 years for both girls and boys. It is, therefore, a crime to marry off a child and anyone involved in that will be prosecuted. It is a substantial crime if the parents or guardians are involved.
<h2>2. CONSENT</h2>
There must be free and full consent from anyone wanting to get married.
<h2>3. TYPES OF MARRIAGES:</h2>
a). A civil marriage is a monogamous marriage between a man and a woman.
b). A registered customary marriage is potentially polygamous and done according to customary rites.
c). A qualified marriage is a union contracted according to religious rites which is not registrable as civil or customary marriage and is potentially polygamous.
A registered customary law marriage may be converted to a civil marriage.
<h2>4. UNREGISTERED CUSTOMARY LAW UNIONS (KUBVISIRANA PFUMA)</h2>
<ul>
<li>Unregistered customary law unions are not recognised marriages</li>
<li>Unions contracted after the new ACT must register within 3 months of the date of the union.</li>
<li>However, unions that existed before this ACT must be registered within 12 months.</li>
<li>Failure to register does not invalidate the union, guardianship, custody and the rights of succession of children in such a marriage. (limited recognition).</li>
</ul>
<h2>5. CIVIL PARTNERSHIP (KUBIKA MAPOTO)</h2>
It is not a marriage but recognised ONLY for purposes of property sharing It is a relationship of a man and a woman above the age of 18 years living together on a genuine domestic basis It can co-exist with any other marriage including a Cavil marriage.
<h2>6. EQUAL STATUS OF ALL MARRIAGES</h2>
All marriages are equal. there is no marriage superior to the other.
<h2>7. LOBOLA</h2>
For customary law marriages, the agreement relating to lobola or marriage consideration is necessary. Customary law formalities are a prerequisite.
<h2>8. EQUAL RIGHTS</h2>
Parties to a marriage have equal rights and obligations during the subsistence of the marriage and at its dissolution.
<h2>9. MARRIAGE OFFICERS:</h2>
a. Magistrates
b. Ministers of religion
c. Chiefs (they solemnise customary marriages)
d. Heads of embassies
<h2>10. DIVORCE LAW (MATRIMONIAL CAUSES ACT)</h2>
The law on divorce applies to all types of marriages and civil partnerships but does not apply to unregistered customary law unions.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Prisca Mupfumira Calls For Protection Of Widows From “Small Houses”

Couples who received marriage certificates after the repeal of the Marriage Act 5:11 should visit the Civil Registry Department to correct any “defective” legal citations and ensure alignment with the new laws for validity.
This concern arises from marriage officers and legal practitioners who believe that marriage certificates issued after the repeal of the Marriage Act 5:11 may be invalid because they reference the old law rather than the new Act (Chapter 5:17).
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 coming into effect of the new Marriage Act was announced in a statutory instrument of a Government Gazette published in September 2022.
In a statement, the Law Society of Zimbabwe executive secretary Edward Mapara 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. Said Mapara:
<blockquote>
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].
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.
</blockquote>
Speaking to <a href="https://www.newsday.co.zw/local-news/article/200024643/hundreds-of-marriage-certificates-invalid">NewsDay</a>, 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. Said Hamauswa:
<blockquote>
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.
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.
</blockquote>
Responding to written questions from <a href="https://www.chronicle.co.zw/registry-recalls-defective-marriage-certificates/">Chronicle</a>, Civil Registry spokesperson Tsungai Muguti said while the department was awaiting a statutory instrument from the Ministry of Justice, Legal and Parliamentary Affairs, couples concerned should approach their offices for assistance. She said:
<blockquote>
Those who got married after the Act was repealed can still come to the office and have that changed.
As a department, we cannot change the certificates or forms as yet until the gazetting of the S.I. by the Ministry of Justice so that we can print the certificates with the new Act.
Our marriage officers from around the country are aware of this and we urge those affected to proceed to our offices and see Mr Mpala who is the deputy registrar general.
Unfortunately, our provincial officers do not have marriage offices so it makes sense that those affected see Mr Mpala who is based in Harare.
</blockquote>
Commenting on the issue, family lawyer Shepherd Chingarande said those who got married after the new Act was passed in 2022 should check if their certificates have the correct Act and stamp. He said:
<blockquote>
Marriage certificates are written 5:11, a law that was repealed by the new Marriage Act in 2022. Marriage certificates should read Chapter 5:17 but sadly we continue seeing certificates that quote the old act.
Their certificates arise from an act that no longer exists and at law, there is a possibility that all marriages entered into after the repelling of 5:11 might be non-existent.
So, as legal practitioners, we are saying these people are not married as there should be an Act passed to validate those weddings.
For example, if a client with such a certificate wants to divorce, I need to go to court and get the certificate corrected first as that marriage is null and void. There has to be a bridging Act to regularise those marriages.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

"Marriage Certificates Issued After September 2022 Are Invalid"

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 26-year-old man from Matsheumhlophe suburb in Bulawayo was ordered by a court to perform 420 hours of unpaid work after he was found guilty of engaging in sexual intercourse with a 14-year-old girl he claimed was his lover.
Tyson Maseko appeared before Bulawayo regional magistrate Vivian Ndlovu and pleaded guilty to having sexual intercourse with a young person.
Ndlovu sentenced Maseko to 24 months imprisonment and suspended 12 months for five years on condition of good behaviour.
The magistrate also suspended the remaining 12 months on condition that Maseko performs 420 hours of community service at ZRP Hillside.
In passing the sentence, the magistrate said she had considered that the accused was a first offender who didn’t waste the court’s time when he pleaded guilty to the charge. Ndlovu said:
<blockquote>
The accused apologised to the court and he claimed that he was in love with the victim and wanted to marry her.
However, cases like these make children vulnerable and expose them to diseases and teenage pregnancies.
</blockquote>
Allegations were that on 18 March and at around 6 PM, Maseko went with the victim to his house in Matsheumhlope suburb where they had sexual intercourse with her consent during the night.
The following day, at around 5 AM, Maseko and the juvenile had sexual intercourse again.
The court heard that Maseko only stopped after the minor girl complained that it was now painful.
When the girl returned home, she was questioned by her parents where she had been and that is when she revealed that she had slept at Maseko’s place.
The matter was reported to the police and the victim was referred to the hospital for medical examination.
A medical report was produced in court as evidence.
According to the  Marriages Act which came into operation in September 2022, the minimum age of marriage is 18 years for both girls and boys.
It is, therefore, a crime to marry off a child and anyone involved in that will be prosecuted. It is a substantial crime if the parents or guardians are involved.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Unpaid Work For Man (26) Who Had Intercourse With Minor Girlfriend (14)

High Court judge Justice Fatima Maxwell has stopped the prosecution of a Harare woman who is facing a charge of deliberately infecting her partner with HIV.
The woman, Lindiwe Ndhlovu, was arrested in March 2022 and charged with deliberate transmission of HIV.
According to the Zimbabwe Lawyers for Human Rights (ZLHR), Ndhlovu, through her lawyer Paidamoyo Saurombe filed an application for removal from further remand following the decriminalisation of wilful HIV transmission. ZLHR said in a statement:
<blockquote>
High Court judge Justice Fatima Maxwell has stopped the prosecution of a Harare woman, who is on trial at Harare Magistrates Court on a charge of deliberate transmission of HIV as defined in section 79 of the Criminal Law (Codification and Reform) Act.
On Tuesday, Justice Maxwell ordered that criminal proceedings against the 44-year-old Harare woman should be stopped pending the determination of an application for review of the decision by Harare magistrate Taurai Manuwere, who insisted on proceeding with the trial of the woman on a charge which no longer exists as section 79 of the Criminal Law (Codification and Reform) Act was repealed after President (Emmerson) Mnangagwa signed the Marriages Amendment Bill decriminalising wilful transmission of HIV.
</blockquote>
Saurombe argued that section 70(1)(1) of the Constitution provides that no person may be convicted of an act or omission that is no longer an offence.
He also argued that the law under which the woman was being charged was repealed.
The Marriages Amendment Bill was signed into law by Mnangagwa in April 2022, making Zimbabwe the second country in Africa to fully repeal its HIV-specific criminal law.
Before that, the deliberate transmission of HIV attracted a sentence of up to 20 years in prison under section 79 of Zimbabwe’s Criminal Code.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

High Court Stops Trial Of Woman For Willful Transmission Of HIV

A woman from Headlands in Manicaland Province was left disappointed last week after she approached a traditional court with the intention of suing her husband’s alleged mistress.
Resinita Makukutu appeared before Chief Makoni’s court seeking the court to order Nyasha Nyarai of Zambara Village, Headlands to pay her three beasts as compensation for allegedly dating her husband.
Makukutu is legally married to Jefter Makukutu under Chapter 5.11.
She, however, left Chief Makoni’s court empty-handed after she was advised to approach the High Court for recourse.
Nyarai absconded the court hearing.
Sometime in 2022, Nyarai’s husband dragged Makukutu’s husband to the same court, accusing him of dating his wife but the case was dismissed due to lack of evidence.
Resinita alleged that she once confronted Nyarai over the issue and she promised to end the relationship, but their affair is still on. She said:
<blockquote>
Nyarai has been dating my husband, Jefter Makukutu, since 2014. I came across some love messages on my husband’s phone.
The woman’s husband once reported my husband to this court over the two’s illicit affair but the case was thrown out due to lack of evidence.
Nyarai and her husband have since divorced because of this affair and she has relocated to South Africa.
I have messages that I extracted from my husband’s phone where he was chatting with Nyarai’s aunt.
My husband listed down what he had bought for Nyarai when she wanted to end the relationship.
He was complaining to her aunt. Jefter bought a fridge, a cow, five goats and clothes for her.
He sent Nyarai’s kids to school and spruced up her parent’s homestead. He even promised to buy her a residential stand in Marondera.
</blockquote>
Resinita added that she is married to Makukutu under Chapter 5.11 and wanted to be compensated with three herd of cattle.
However, the court ruled that she had brought her case before the wrong court.
Chief Makoni ruled that a woman cannot sue another woman for adultery in a community court. He said:
<blockquote>
If you are married under Chapter 5.11 of the Marriage Act, this community court cannot hear your case. Only the High Court has the authority to preside over disputes emanating from the said Act.
Community courts preside over customary marriage issues. Keep the evidence you have and Nyarai’s former husband will be your key witness at the High Court.
However, even if you were married under customary law, this court was not going to handle the matter. Men are allowed to marry as many wives as they want.
That is acceptable and normal traditionally. A woman cannot sue another woman for adultery in a community court.
</blockquote>
The Marriages Act, which came into operation in September 2022, recognises the following types of marriages:
<ul>
<li>A civil marriage which is a monogamous marriage between a man and a woman.</li>
<li>A registered customary marriage which is potentially polygamous and done according to customary rites.</li>
<li>A qualified marriage which is a union contracted according to religious rites which is not registrable as civil or customary marriage and is potentially polygamous.</li>
</ul>
| <a href="https://www.manicapost.co.zw/nothing-wrong-with-polygamy-chief-makoni/">The Manica Post</a>

A Woman Can Not Sue Another Woman For Adultery, Says Chief Makoni

Traditional leaders say cases of child marriages are on a decline in some parts of Manicaland Province where they were rampant.
Zimbabwe Chiefs Council’s Manicaland provincial chairman, who is also a Senator, Chief Makumbe said that the fall in cases of child marriages is attributable to a tripartite arrangement between the Zimbabwe Republic Police, Judiciary Services Commission and traditional leadership.
Speaking during an interview with <a href="https://www.manicapost.co.zw/chiefs-tame-child-marriages-headache/">The Manica Post</a>, Chief Makumbe said there has been a decrease in the number of cases being reported at the community courts. He said:
<blockquote>
Cases of child marriages continue to decrease because of the tripartite arrangement that is there between traditional leaders, magistrates and the police.
We meet regularly as the Crime Consultative Committee and discuss how to end these harmful practices.
It is an old tradition which should be abolished and as traditional leaders, we are doing everything that we can to disseminate information to people in our areas of jurisdiction.
It is criminal and most people know the consequences that come with such practices.
</blockquote>
Chief Makumbe blamed local men who are based in neighbouring countries for the prevalence of child marriages in areas such as Buhera Central, Buhera South, Buhera North, Marange and along the borderline areas of Chipinge, Chimanimani and Mutasa. He said:
<blockquote>
These men often lure young girls to their foreign bases without their parents’ consent.
The young brides are smuggled out of the country through the illegal exit points dotted along the country’s porous border with Mozambique and South Africa. The perpetrators know very well this is criminal.
We are taking every opportunity available to spread the message that marrying off your underage children is criminal. We are living no stone unturned to address this.
At every gathering, we are spreading the message, even at churches, food aid meetings or political meetings.
We make sure that as traditional leaders we get a chance to address the community and raise awareness against these harmful practices.
</blockquote>
On 27 May 2022, President Emmerson Mnangagwa signed into law The Marriages Act which prohibits the marriage of minors under the age of 18.

Chief Makumbe Says Cases Of Children Marriages Have Fallen

The Marriages Act has come into operation after it was announced in a Statutory Instrument of a Government Gazette published last Friday. The new Act is Chapter 5:17 according to SI, reported <a href="https://www.herald.co.zw/new-marriages-act-comes-into-operation/">The Herald</a>.
President Emmerson Mnangagwa signed the Marriages Act in May this year after debate in Parliament which lasted for almost two years, particularly on payment of roora / lobola (bride price) in a customary marriage.
The Act brings all marriage laws together. Among other things, the Act enacts the Constitutional requirement that the minimum age for marriage is 18 years.
The Zimbabwe Women Lawyers, Veritas, and CGTN have independently put together fact sheets on the new <a href="https://www.pindula.co.zw/Marriages_Act_Factsheet:01">Marriages Act</a> indicating the basics that can help members of the public understand the essence of it. Marriages Act Chapter 5:15 is the new law regulating all marriages in Zimbabwe.
Law expert, Fadzayi Mahere says a lot of the provisions are yet to be tested in a court of law and there are many legal issues that arise from the Act. Pindula News presents the salient points to note from the Marriages Act:
<h2>1. AGE OF MARRIAGE</h2>
The minimum age of marriage is 18 years for both girls and boys. It is, therefore, a crime to marry off a child and anyone involved in that will be prosecuted. It is a substantial crime if the parents or guardians are involved.
<h2>2. CONSENT</h2>
There must be free and full consent from anyone wanting to get married.
<h2>3. TYPES OF MARRIAGES:</h2>
a). A civil marriage is a monogamous marriage between a man and a woman.
b). A registered customary marriage is potentially polygamous and done according to customary rites.
c). A qualified marriage is a union contracted according to religious rites which is not registrable as civil or customary marriage and is potentially polygamous.
A registered customary law marriage may be converted to a civil marriage.
<h2>4. UNREGISTERED CUSTOMARY LAW UNIONS (KUBVISIRANA PFUMA)</h2>
<ul>
<li>Unregistered customary law unions are not recognised marriages</li>
<li>Unions contracted after the new ACT must register within 3 months of the date of the union.</li>
<li>However, unions that existed before this ACT must be registered within 12 months.</li>
<li>Failure to register does not invalidate the union, guardianship, custody and the rights of succession of children in such a marriage. (limited recognition).</li>
</ul>
<h2>5. CIVIL PARTNERSHIP (KUBIKA MAPOTO)</h2>
It is not a marriage but recognised ONLY for purposes of property sharing It is a relationship of a man and a woman above the age of 18 years living together on a genuine domestic basis It can co-exist with any other marriage including a Cavil marriage.
<h2>6. EQUAL STATUS OF ALL MARRIAGES</h2>
All marriages are equal. there is no marriage superior to the other.
<h2>7. LOBOLA</h2>
For customary law marriages, the agreement relating to lobola or marriage consideration is necessary. Customary law formalities are a prerequisite.
<h2>8. EQUAL RIGHTS</h2>
Parties to a marriage have equal rights and obligations during the subsistence of the marriage and at its dissolution.
<h2>9. MARRIAGE OFFICERS:</h2>
a. Magistrates
b. Ministers of religion
c. Chiefs (they solemnise customary marriages)
d. Heads of embassies
<h2>10. DIVORCE LAW (MATRIMONIAL CAUSES ACT)</h2>
The law on divorce applies to all types of marriages and civil partnerships but does not apply to unregistered customary law unions.

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