News / National
Con-Court to determine 'out of wedlock' child custody
07 Nov 2014 at 19:41hrs | Views
The Constitutional Court is set to determine the legality or lack thereof in the country's common law position of denying a father of a child born out of wedlock the right of custody or access following a referral of a case to its jurisdiction.
In a case likely to change the position of the law as regards the rights of fathers to access their children born out of wedlock, the Constitutional Court will preside over an application by Blessing Mujuru through his lawyers Advocates Lewis Uriri and Webster Chinamora.
Mujuru, who was customarily married to Christina Tapesana at the time of the children's birth, says the pre-existing common law is inconsistent with the provisions of the constitution which does not regard issues from the parents point but creates the rights of the child to access.
He argues that denying the child access on the basis that his father was not civilly married to his mother at the time of birth is a breach of the right to family.
Additionally, the lawyers argue that pursuant to Section 81 of the constitution, the child has rights to equal treatment before the law, to be given a name and a family name, and to family and parental care.
They challenge the constitutionality of the common law in the minority judgement of Justice Sandura which they say discriminates against children born out of wedlock.
In referring the matter to the highest court in the land, Justices Uchena and Mwaera found that it was appropriate for the question of whether the common law of Zimbabwe's position that a child born out of wedlock has no inherent right of custody or access as confirmed in a Supreme Court judgement is unconstitutional.
In a case likely to change the position of the law as regards the rights of fathers to access their children born out of wedlock, the Constitutional Court will preside over an application by Blessing Mujuru through his lawyers Advocates Lewis Uriri and Webster Chinamora.
Mujuru, who was customarily married to Christina Tapesana at the time of the children's birth, says the pre-existing common law is inconsistent with the provisions of the constitution which does not regard issues from the parents point but creates the rights of the child to access.
He argues that denying the child access on the basis that his father was not civilly married to his mother at the time of birth is a breach of the right to family.
Additionally, the lawyers argue that pursuant to Section 81 of the constitution, the child has rights to equal treatment before the law, to be given a name and a family name, and to family and parental care.
They challenge the constitutionality of the common law in the minority judgement of Justice Sandura which they say discriminates against children born out of wedlock.
In referring the matter to the highest court in the land, Justices Uchena and Mwaera found that it was appropriate for the question of whether the common law of Zimbabwe's position that a child born out of wedlock has no inherent right of custody or access as confirmed in a Supreme Court judgement is unconstitutional.
Source - zbc
