News / Local
Controversy haunts dead dealer
12 Feb 2016 at 08:40hrs | Views
EVEN in his death, the late controversial dealer, Josiah ‘Jarzin' Mutopera has continued courting controversy.
His legal marriages to two wives have opened a can of worms, with some people calling for investigations on those who solemnised the unions.
Manica Post reported that during interviews contacted last week, Jarzin's second wife Jane, revealed that she was legally married to Jarzin under the African Marriage Act and tied the knot in May 2007, while his first wife also revealed to the same publication that she wed him on October 27, 2007 under the Marriage Act (Chapter 5:11).
Mutare lawyer, Farai Matinhure, said it was criminal to contract a monogamous marriage during the subsistence of a polygamous one or vice versa.
"In terms of Zimbabwe's laws, not only is it unlawful, but it is also criminal to contract a monogamous marriage during the subsistence of a polygamous one, the vice-versa is also true.
"Again an individual cannot contract a monogamous marriage during subsistence of another monogamous marriage. The purported subsequent marriage is for all intent and purposes null and void. What is simply entails is that an individual has to choose what type of marriage regime he or she wants to contract. You cannot mix the two because by definition and purpose they are like water and oil, they never mix and there is no middle of the path approach. Either your are polygamous or monogamous, its non negotiable in terms of the criminal law (Codification Act Chapter 9:23 section 104 it's a crime called bigamy," he said.
Another legal practitioner, Passmore Nyakureba, said a person in a polygamous marriage, that is a marriage under the African Marriages Act, cannot enter into a monogamous marriage without first dissolving the polygamous marriage.
"In actual fact doing so constitutes a criminal offence of bigamy which is punishable by imprisonment. However, in this case where the person who actually committed the offence has died, the situation of the innocent spouse who might have entered into that marriage with the deceased presumably unaware of the existence of the polygamous marriage cannot be compromised because at law she is not the offending party.
"She stands to be recognised by the law because for her innocence she cannot be punished for the wrongs of the fraudulent party," said Nyakureba.
He added that for inheritance purposes, it was possible that the court would recognise both women as the deceased's wives mainly because the second marriage can only be deemed to be voidable which means it can be enforced for other purposes but not for seeking reliefs such as adultery damages.
Memory Mandingwa, a local-based lawyer, said although the African Marriage Act gives one a room to marry more wives, one is not legally allowed to go and marry another woman under a Chapter 5:11 which is monogamous.
"One is, however, allowed to upgrade the marriage from the African Marriages Act to Chapter 5:11 only with the same marriage," she said.
His legal marriages to two wives have opened a can of worms, with some people calling for investigations on those who solemnised the unions.
Manica Post reported that during interviews contacted last week, Jarzin's second wife Jane, revealed that she was legally married to Jarzin under the African Marriage Act and tied the knot in May 2007, while his first wife also revealed to the same publication that she wed him on October 27, 2007 under the Marriage Act (Chapter 5:11).
Mutare lawyer, Farai Matinhure, said it was criminal to contract a monogamous marriage during the subsistence of a polygamous one or vice versa.
"In terms of Zimbabwe's laws, not only is it unlawful, but it is also criminal to contract a monogamous marriage during the subsistence of a polygamous one, the vice-versa is also true.
"Again an individual cannot contract a monogamous marriage during subsistence of another monogamous marriage. The purported subsequent marriage is for all intent and purposes null and void. What is simply entails is that an individual has to choose what type of marriage regime he or she wants to contract. You cannot mix the two because by definition and purpose they are like water and oil, they never mix and there is no middle of the path approach. Either your are polygamous or monogamous, its non negotiable in terms of the criminal law (Codification Act Chapter 9:23 section 104 it's a crime called bigamy," he said.
"In actual fact doing so constitutes a criminal offence of bigamy which is punishable by imprisonment. However, in this case where the person who actually committed the offence has died, the situation of the innocent spouse who might have entered into that marriage with the deceased presumably unaware of the existence of the polygamous marriage cannot be compromised because at law she is not the offending party.
"She stands to be recognised by the law because for her innocence she cannot be punished for the wrongs of the fraudulent party," said Nyakureba.
He added that for inheritance purposes, it was possible that the court would recognise both women as the deceased's wives mainly because the second marriage can only be deemed to be voidable which means it can be enforced for other purposes but not for seeking reliefs such as adultery damages.
Memory Mandingwa, a local-based lawyer, said although the African Marriage Act gives one a room to marry more wives, one is not legally allowed to go and marry another woman under a Chapter 5:11 which is monogamous.
"One is, however, allowed to upgrade the marriage from the African Marriages Act to Chapter 5:11 only with the same marriage," she said.
Source - Manica Post
