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No to 'sweet 16' marriages, ConCourt rules
20 Jan 2016 at 12:24hrs | Views
The Zimbabwe Constitutional Court has ruled that no children under the age of 18 should be married much to the joy of many children's rights activists who have been lobby for the stop of abuse of the children at a tender age.
The ruling was made by Chief Justice Godfrey Chidyausiku sitting with his deputy Luke Malaba, Justice Ziyambi, Justice Garwe, Justice Gowora, Justice Ben Hlatshwayo, Justice Patel and Justice Guvava.
The application challenging the marrying out of children below the aged of 18 was filed by two juveniles aged 18 and 19 represented by Tendai Biti.
Justice Minister Emmerson Mnangagwa was cited as the respondent in the application and was represented by a lawyer O Zvedi.
Malaba reading the ruling said the the two applicants are young women aged 19 and 18 years respectively and they have approached this Court in terms of s 85(1) of the Constitution of the Republic of Zimbabwe Amendment (No. 20) 2013 ("the Constitution") which came into force on 22 May 2013. They complain about the infringement of the fundamental rights of girl children subjected to early marriages and seek a declaratory order in the terms that:
"The effect of s 78(1) of the Constitution of the Republic of Zimbabwe Amendment (No. 20) 2013 is to set 18 years as the minimum age of marriage in Zimbabwe. No person, male or female in Zimbabwe may enter into any marriage including an unregistered customary law union or any other union including one arising out of religion or a religious rite before attaining the age of eighteen (18)," ruled Malaba.
"The Customary Marriages Act [*Chapter 5:07*] is unconstitutional in that it does not provide for a minimum age limit of eighteen (18) years in respect of any marriage contracted under the same."
He ordered that the respondents pay costs of suit.
"The application arose out of the interpretation and application by the applicants, on legal advice, of s 78(1) as read with s 81(1) of the Constitution. Section 78(1) of the Constitution is one of the provisions in Chapter 4 which enshrine fundamental human rights and freedoms," he ruled.
The ruling was made by Chief Justice Godfrey Chidyausiku sitting with his deputy Luke Malaba, Justice Ziyambi, Justice Garwe, Justice Gowora, Justice Ben Hlatshwayo, Justice Patel and Justice Guvava.
The application challenging the marrying out of children below the aged of 18 was filed by two juveniles aged 18 and 19 represented by Tendai Biti.
Justice Minister Emmerson Mnangagwa was cited as the respondent in the application and was represented by a lawyer O Zvedi.
Malaba reading the ruling said the the two applicants are young women aged 19 and 18 years respectively and they have approached this Court in terms of s 85(1) of the Constitution of the Republic of Zimbabwe Amendment (No. 20) 2013 ("the Constitution") which came into force on 22 May 2013. They complain about the infringement of the fundamental rights of girl children subjected to early marriages and seek a declaratory order in the terms that:
"The effect of s 78(1) of the Constitution of the Republic of Zimbabwe Amendment (No. 20) 2013 is to set 18 years as the minimum age of marriage in Zimbabwe. No person, male or female in Zimbabwe may enter into any marriage including an unregistered customary law union or any other union including one arising out of religion or a religious rite before attaining the age of eighteen (18)," ruled Malaba.
"The Customary Marriages Act [*Chapter 5:07*] is unconstitutional in that it does not provide for a minimum age limit of eighteen (18) years in respect of any marriage contracted under the same."
He ordered that the respondents pay costs of suit.
"The application arose out of the interpretation and application by the applicants, on legal advice, of s 78(1) as read with s 81(1) of the Constitution. Section 78(1) of the Constitution is one of the provisions in Chapter 4 which enshrine fundamental human rights and freedoms," he ruled.
Source - Byo24News
