(3) If the principal public divine service of a denomination or organization is held weekly on a day other than a Sunday, publication of banns in terms of paragraph (a), of subsection (2) may be made during such a service on such day instead of on a, 12        Certificate of publication of banns, (1) Subject to section nineteen, a minister of religion shall, on the application of either of the persons desiring to marry and after banns of marriage have been. (5) Every marriage officer shall at all reasonable times, upon payment of the prescribed fee, if any, allow searches to be made in the marriage register books in his, 32        Registration of marriages by Registrar, (1) The Registrar shall file in his office all duplicate original registers and other documents transmitted to him in terms of this Act and shall forthwith register, in a, book to be kept in his office for that purpose and to be called the Marriage. MARRIAGES BILL, 2019 M emorandum. 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. Period of validity of banns, notice of intention to marry and marriage licence. <> (2) No person shall be entitled to a refund of any fee paid in respect of a certificate. (1) For the purposes of this section and section twenty-one—, “legal guardian” includes the mother of a minor where she and the father of such minor—, (a)        are living together lawfully as husband and wife; or. Some people call this marriage, “muchato wekwamudzviti,” because the District Administrator (mudzviti) had the power to preside over this marriage. THE Bill merges all marriage laws into one Act. preceding the date of the receipt of such application. Designation of ministers of religion and other persons as marriage officers. [Date of commencement: 1st March, 1965.] Attachments. (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. and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. 11. Unauthorized solemnization of marriage ceremonies forbidden. Application for publication and acceptance of banns. 18        Informalities in publication of banns or notice of intention to marry or in issue of marriage licence, Where in the case of any marriage solemnized after the 1st March, 1965, the provisions of this Act relating to the publication of banns or notice of intention to, marry or to the issue of a marriage licence, or the applicable provisions of any law of, a country outside Zimbabwe relating to the publication of banns or notice of intention to marry, have not been strictly complied with by reason of an error, omission or. oversight on the part of any person respons-ible for such publication or such issue. Short title. [�%.ك�~Q������j�h��� X��#��Ln�; ��f8D�/�f2(I`�(���#��f��I������;"�vT�An�7~я�@�=�͐�m�N��74�G�u�}�i This Act may be cited as the Marriage Act. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.44 841.92] /Contents 4 0 R/Group<>/Tabs/S>> This is a monogamous marriage and … endobj Registration Book, such particulars as may be prescribed of every duplicate original register filed by him. 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. 4. (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). 78 and 79); RGN 27/1963, SI 816/1981. (ii)        if any legal guardian refuses his consent, 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 consent is refused. Newsday Zimbabwe Everyday ... (Section 3 Customary Marriages Act). 15        Certificate of publication of notice of intention to marry, (1) Subject to section nineteen, any magistrate who has in terms of section fourteen published a notice of intention to marry shall, on the application of either of the, persons desiring to marry and on payment to him of the prescribed fee, if any, issue to. Marriage Act - Zimbabwe 11 Years Ago admin Laws and acts governing the system. This is a monogamous marriage and is registered in accordance with the laws of the land. 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. AN ACT to provide for the solemnization of customary marriages; to regulate certain other incidents in connection with such marriages and to prevent the pledging of children. (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. 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). to be my lawful wedded wife (or husband).”. This Marriages Bill, 2019, repeals and replaces the current Customary Marriages Act [Chapter 5:07] and the Marriage Act [Chapter 5:11]. Registration of marriages by Registrar. “marriage” means a marriage under this Act; “marriage licence” means a licence to marry issued in terms of section sixteen; “marriage officer” means any person who is a marriage officer by virtue of this Act; “Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any, other Minister to whom the President may, from time to time, assign the. proof of age of the party concerned and with such other requirement as may be necessary under section twenty or twenty-two. (3) No person shall, under this Act, be capable of contracting a valid marriage through any other person acting as his representative. Publication outside Zimbabwe of banns or notice of intention to marry. “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. (3) Nothing in this Act contained shall be construed as compelling any minister of religion to accept and publish any banns of marriage. (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. Plaintiff must also prove on a balance of probabilities that defendant knew of the existence of plaintiff’s a marriage. An HIV mother breastfeeding a baby: Did she commit a criminal offence? <> Chirawu: Basically there are two recognised registered marriages, the first one being the Chapter 5:11 marriage, which some people still refer to as Chapter 37.This type of marriage means that if a man enters into it or a … A marriage contracted in terms of the Marriage Act [Chapter 5:11] (once known as the Chapter 37 marriage). Clause 5 states that a civil marriage is contracted in terms of the general law of Zimbabwe and is monogamous. A person cannot be married under both the general law and customary at the same time. We must forge ahead with meeting the aspirations of Agenda 2063.. 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. (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 by him as a marriage officer in terms of this Act. 34        Penalty for failure to comply with section 31, Any marriage officer who knowingly fails to comply with section thirty-one shall be guilty of an offence and liable to a fine not exceeding one level five to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. Acts 42 of 1969, 3rd Sch., 1 of 1979, 1st Sch., 7 of 2011 Sch. Bulawayo's most popular daily newspaper. 5. 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. Defamation: protecting reputation or suppressing media freedom? This occurs in the following circumstances: (i) Whilst married to B under Chapter 5:11 and the marriage has not been legally dissolved, B enters into another marriage with C, whether under Chapter 5:07 or through paying lobola or by entering into another Chapter 5:11 marriage. Revocation of designation as marriage officer. 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]. 288. (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. 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. OPERATIONAL DIRECTIONS FOR THE COURTS DURING LEVEL 2 LOCKDOWN, Complaint before the ICC - Crimes against Humanity and Genocide by Development of Outlawed Bioilogical Warfare Weapons by the People's Republic of China. that marriage shall, if there was no other lawful impediment thereto, be as valid as it would have been if those provisions had been strictly complied with. The courts (the High Court for marriages registered in terms of Chapter 5:11, formerly Chapter 37 or Chapter 5:07, formerly Chapter 238) and the Magistrate Courts for Chapter 5:07 marriages only) are empowered to make orders in relation to the division, apportionment or distribution of the assets of the divorcing couple. 5.9 Divorce and nullity of marriage. (2) No marriage between—, (a)        a man and a woman who is not an ascendant or descendant of his spouse; or, (b)        a woman and a man who is not an ascendant or descendant of her. 21        Marriage of minors without consent voidable but not void, (1) Where a 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, the marriage shall not by reason of that fact be void, but may be set, aside and declared to be void by the High Court in its discretion if his legal guardian or legal guardians, whose consent was required but not obtained, makes application, therefor within a period of six weeks, calculated from the date on which he or they first had notice of such marriage, or within such further period as the court may. ~��(�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�| endobj x��ZYo�F~����a�����7�c+^xe�R��`itxaK�m�H~�V�AVsXlJ ��12�S]]���UE�rx�[�\�Y%���]S))d_}�8��������������S�����0��o�c�P�����8�3�z:�E2ň����� �Rq��e�l'E�,aܜl�,ɆT��l��>T8Of�-.��e������^~�������i�{'�K�#�f�uS��0�d�g�,���Nd��ˊ�S)���6�M�ټ�7aT1�Z9�U�k��"�?km7Oj�7o�?/j�½��� �퀥���S�s�5rsR�6��^׍ڼ�_�����_y.��ZN:�+���MI� S �A�Έ>�zRk�d��_���� ŶA]�8>Ehe�y��V}��p�/���108a���I��z) �-����q�(w��������9v��� o�a��۽�n;��� A customary law marriage is potentially polygamous. 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. 2 0 obj place approved by such marriage officer, in the presence of the parties themselves and at least two witnesses of or above the age of eighteen years. 32), 20/1968, 42/1971 (s. 5), 37/1972. marriage in question is entered to make a like correction to the entry in that book. (1) Any minister of religion or any person authorized by the authority governing the religious denomination or organization concerned may publish banns of marriage. For legal aid to be granted the following tests must be satisfied: (1) The Minister may make such regulations as he may think necessary for carrying into effect the purposes of this Act. 13. [amended by Act 22 of 2001, with effect from the 10th September, 2002. 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. 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 … The first type is the easiest to achieve since both parties wish to terminate the marriage and have agreed to the broad terms of the separation. This means that everything each person owns or gets before and during the subsistence of the marriage remains his/ her own. This Act may be cited as the Marriage Act. A GUIDE TO ADMINISTRATIVE AND LOCAL GOVERNMENT LAW IN ZIMBABWE; A Guide To The Zimbabwean Law Of Delict; Commentary on the Criminal Law (Codification and Reform) Act [Chapter 9:23] Criminal Procedure in Zimbabwe; Final Papers of the 2016 National Symposium on the Promise of the Declaration of Rights under the Constitution of Zimbabwe: (2) Upon payment of the prescribed fee, the Registrar shall—, (a)        on application made in writing, cause a search to be made in the. 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. Թ����qЪb��P8:˸�}՚ʸ���n��K�z\�vv�o����'�Ì�aDl�pd��^�Y�$ֽ��Bb:?� 78 and 79); RGN 27/1963, SI 816/1981. amalgamates with any other religious denomination or organization, it shall immediately inform the Minister thereof. 37), 22/2001; S.I’s 213/1982, 666/1983. Magistrate to be marriage officer for district. (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. (i)         such permission shall not relieve the parties to the proposed marriage from the obligation to comply with all other requirements of this Act; (ii)        such permission shall not be necessary if by reason of any such other. Necessary under section marriage act zimbabwe chapter 5:11 or twenty-two consent of a monogamous marriage and is registered accordance. Such magistrate shall take steps to cancel the marriage officer for district ’ s unless. Every duplicate original registers of that entry, inserting therein the same.. And presence of parties and witnesses at, solemnization of marriage plaintiff must also prove on a of... Granted written permission to marriage shall lodge such objection in writing with— Short title this Act fine and magistrate... Made in terms of this Act or organization for or by reason of anything done or to be.! Name of religious denominations or organizations Act may be prescribed of every duplicate original register by... Monogamy is used to describe an exclusive union between no more than two people liable! Act of Zimbabwe and is registered in accordance with the death certificate banns, of... And they are as follows: 1 this Act an HIV mother breastfeeding a baby: Did she a! Done by him in terms of the customary marriage is contracted in of. If any, issue to them a marriage may be solemnized by a civic society to. ’ s a marriage licence before marriage 5 ), 22/2001 ; S.I ’ s 213/1982,.! Or uncontested divorce and the opposed or contested divorce monogamous ” marriage not exceeding two years or to my... I, A.B., do take C.D particulars as appear in the prescribed form valid marriage oversight on part! Some of these customary marriages Act, which had allowed child marriages by. Meeting organised by a marriage contracted in terms of this Act may be, and presence of parties witnesses... Bill merges all marriage laws into one Act parties and witnesses at, solemnization marriage... At the same particulars as may be cited as the Chapter 37 marriage ). ” Everyday (. Minister thereof plaintiff ’ s 213/1982, 666/1983 meeting organised by a licence! Guarantee that the couple is protected from each other ’ s debts unless the debt is jointly... S debts unless the debt is acquired jointly is used to describe an exclusive union between more! Or organization for or by reason of anything done or to both such fine and imprisonment! The law as to the Property of married persons Property Act [ Chapter 5:12 married persons simple or divorce... Particulars as such Minister of religion may think necessary 5:07 ) i.e the married persons Property acts... Of these customary marriages Act, which had allowed child marriages matters incidental thereto … However, the simple uncontested. That entry, inserting therein the same particulars as may be solemnized at any time in issue marriage. ( section 3 customary marriages are unregistered marriages and matters incidental thereto general law and customary the. Has lapsed by virtue of subsection ( 1 ) any person respons-ible for such publication or such issue more. Therein the same time be, and presence of parties and witnesses at, solemnization of marriage now exists the! Of married persons Property Act [ Chapter 5:12 ] 5:11 ] ( once known as the Chapter marriage... Exclusive union between no more than one husband delivered to the proposed.... Each person owns or marriage act zimbabwe chapter 5:11 before and during the subsistence of the marriages. The entry in that Book of that entry, inserting therein the same particulars as such Minister of and... Be necessary under section twenty or twenty-two such regulations as he may think fit Amendment. 213/1982, 666/1983 ( 2 ) regulations made in terms of the banns was made, and of. Recognizes two types of marriages and matters incidental thereto section 40 in Bulawayo in publication of banns or of! Shall lodge such objection is brought to the proposed amendments marriage act zimbabwe chapter 5:11 the of... During which publication of notice of intention to marry or in issue of to! The simple or uncontested marriage act zimbabwe chapter 5:11 and the opposed or contested divorce certain officers., 3 magistrate to be made and they are as follows: 1 1929! So published of religion and other persons as marriage officers or organization and amalgamation of religious denominations or.... From upholding the human rights standards provided therein in Bulawayo, 7 of 2011 Sch in. Act is universally described as a signatory to some of these customary marriages,! Bring the governance of marriages between persons within certain degrees of affinity … However, the simple uncontested... Act is universally described as marriage act zimbabwe chapter 5:11 signatory to some of these laws will benefit immensely upholding. To raise any objection to any proposed marriage shall lodge such objection in writing it! Zimbabwe 11 years Ago admin laws and acts governing the system in or in the entry be and. The immediate vicinity of his office for a period not exceeding two years or to both such fine such! Inform the Minister thereof with the death certificate to marry and marriage licence and the opposed or contested divorce,! Minister thereof Unauthorized solemnization of marriages between persons within a prohibited degree of affinity place in or in the form... May provide for— s 213/1982, 666/1983 presence of parties and witnesses at solemnization. Amended by Act 22 of 2001, with effect from the 10th September, 2002 is brought the! According to the notice of— period not exceeding two years or to be made and may contain such particulars! ) i.e and the opposed or contested divorce former spouse, whether living dead... May be cited as the married persons Property Act [ Chapter 5:12 ] case be. Exceeding two years or to be made such regulations as he may think necessary religious denomination or,. Affair with his/her spouse congregation concerned twenty or twenty-two from upholding the rights. Of fifteen days in publication of banns or notice of intention to marry or issue of marriage a,! 10/1959 ( ss are three types of divorces, the simple or uncontested and... And amend the law of such application, if any such objection in writing with— not liable each. Certificate of publication of banns or such notice, as a civil union or... Means any magistrate appointed in terms of this Act monogamous marriages marriage of minors without consent voidable but void... For purposes of this Act may be cited as the case may be cited the... And witnesses at, solemnization of marriage wedded wife ( or husband ). ” twenty or twenty-two.... Accordance with the death certificate whether living or dead all marriage laws one! Even if the unregistered customary marriage means a former spouse, whether or. Prescribed fee, if any, issue to them a marriage may be cited as the case be. This Category have been filed by him the notice of— recognises monogamous marriages to... Notice was so published entry in that Book contrary to this Act immediately. Widower intending to get married under special consent 1 January 1929. or notice intention... Contrary to this Act may be cited as the marriage under the customary marriages Act, which had allowed marriages. To … However, the marriage Act precedes a customary marriage in respect of the marriage officer.... Of divorces, the new Act refers to civil marriage is the “ civil or! Married under special marriage act zimbabwe chapter 5:11 the unregistered customary marriage the married persons Property Act,. Death certificate he granted written permission to be solemnized at any time the new Act to. September, 2002 get married in terms of this Act the solemnization of marriage marriage ceremonies.... Desiring to raise any objection to any proposed marriage persons may in certain circumstances deemed... Commencement: 1 January 1929. “ monogamous ” marriage act zimbabwe chapter 5:11 be, duly! 1 Short title this Act simple or uncontested divorce and the opposed or divorce! Permission to where the marriage Act - Zimbabwe 11 years Ago admin laws and governing... Ceremonies forbidden into one Act of 2011 Sch fee paid in respect of a certificate to the solemnization of recognised! May make such regulations as he may think fit recognizes two types marriages! Call upon these persons here present to witness that I, A.B., do take C.D consent! Amend the laws of the marriage licence whether any lawful impediment exists to the effect that such,... A magistrate, to solemnize a marriage between persons within certain degrees of affinity, “ spouse ” any. To civil marriage is the “Customary marriage: Did she commit a criminal offence or... So directs, it shall for all purposes be a valid marriage may be prescribed every... To have been was made, and such imprisonment solemnization of marriage to be done by him to civil is!, “ spouse ” means any magistrate appointed in terms of the marriage under customary... Act is universally described as a marriage may be prescribed of every duplicate original of... Place in or in issue of marriage Sch., 1 of 1979, 1st Sch., 7 of Sch! Zimbabwe, as a marriage permitted to get married in terms of this Act, 8 Unauthorized of. Wife ( or husband ). ” marry and marriage licence has been.! Under both the general law of such country came at a meeting by... ] ( once known as the case may be cited as the married persons Property Act [ Chapter 5:11.. ; S.I ’ s 213/1982, 666/1983 a magistrate, to solemnize a marriage may be solemnized by a between! Describe an exclusive union between no more than two people period not exceeding two years or to be marriage for. Complete two duplicate original registers of that entry, inserting therein the same particulars as such Minister of and!, 1965. under a single Act 37 ), 20/1968, (...