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Lobola confusion hits Zimbabwe
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The 2022 Marriage Act, which consolidates previous separate laws on civil and customary marriages, has sparked widespread misinformation on social media, prompting clarification from Justice, Legal, and Parliamentary Affairs Minister Ziyambi Ziyambi. Speaking yesterday, the Minister addressed the misleading posts, stating that the Act's only major change is the introduction of a minimum age for marriage at 18.
"Recent social media posts purporting to explain the meaning and scope of the provisions of the new Marriages Act [Chapter 5:17], which was promulgated in 2022, have been brought to my attention," said Minister Ziyambi. "As the minister responsible for the administration of justice and the Marriages Act, I wish to categorically state that these posts are misleading, mischievous, and intended to create unnecessary alarm among the public."
The Minister explained that the Act consolidates the laws governing civil and customary marriages into a single framework. Prior to 2022, marriages were governed by two separate laws—the Marriage Act [Chapter 5:11], covering civil marriages, and the Customary Marriages Act [Chapter 5:07], regulating registered customary marriages. The new law unifies these, but does not alter the core requirements for either type of marriage.
"The new Act did not and does not alter the erstwhile requirements for a valid civil or registered customary law marriage, except to prohibit child marriages, thus aligning our marriage laws with Section 78(1)(a) of the Constitution, which sets the minimum marriage age at 18," he emphasized.
A key clarification from the Minister was that the payment of lobola remains a requirement for customary law marriages. He also outlined the three types of legally recognized marriages under the Act: civil marriages, which are monogamous; registered customary marriages, which are polygamous or potentially polygamous; and a new category - qualified civil marriages - which caters for adherents of the Islamic faith and allows for polygamy.
"The qualified civil marriage is a new inclusion in our marriage laws," added Minister Ziyambi.
To ensure the public is well-informed, the government has initiated community outreach programs to educate citizens about their rights and responsibilities under the new legislation. The Minister also highlighted two domestic arrangements that, while not legally recognized as marriages, are acknowledged under the law for specific purposes.
These include unregistered customary unions and civil partnerships, which, while not conferring the same legal status as marriages, can influence how assets are distributed in cases of separation or death. An unregistered customary union can be registered to attain legal status, and a monogamous customary marriage can now be converted into a civil union.
Minister Ziyambi stressed that these arrangements, particularly civil partnerships, have been misrepresented in public discourse but are recognized solely for issues of asset distribution and parental responsibilities, not as legal marriages.
The clarification from Minister Ziyambi seeks to dispel any confusion surrounding the 2022 Marriage Act, ensuring citizens understand the new legal framework and its implications for Zimbabwean society.
"Recent social media posts purporting to explain the meaning and scope of the provisions of the new Marriages Act [Chapter 5:17], which was promulgated in 2022, have been brought to my attention," said Minister Ziyambi. "As the minister responsible for the administration of justice and the Marriages Act, I wish to categorically state that these posts are misleading, mischievous, and intended to create unnecessary alarm among the public."
The Minister explained that the Act consolidates the laws governing civil and customary marriages into a single framework. Prior to 2022, marriages were governed by two separate laws—the Marriage Act [Chapter 5:11], covering civil marriages, and the Customary Marriages Act [Chapter 5:07], regulating registered customary marriages. The new law unifies these, but does not alter the core requirements for either type of marriage.
"The new Act did not and does not alter the erstwhile requirements for a valid civil or registered customary law marriage, except to prohibit child marriages, thus aligning our marriage laws with Section 78(1)(a) of the Constitution, which sets the minimum marriage age at 18," he emphasized.
A key clarification from the Minister was that the payment of lobola remains a requirement for customary law marriages. He also outlined the three types of legally recognized marriages under the Act: civil marriages, which are monogamous; registered customary marriages, which are polygamous or potentially polygamous; and a new category - qualified civil marriages - which caters for adherents of the Islamic faith and allows for polygamy.
To ensure the public is well-informed, the government has initiated community outreach programs to educate citizens about their rights and responsibilities under the new legislation. The Minister also highlighted two domestic arrangements that, while not legally recognized as marriages, are acknowledged under the law for specific purposes.
These include unregistered customary unions and civil partnerships, which, while not conferring the same legal status as marriages, can influence how assets are distributed in cases of separation or death. An unregistered customary union can be registered to attain legal status, and a monogamous customary marriage can now be converted into a civil union.
Minister Ziyambi stressed that these arrangements, particularly civil partnerships, have been misrepresented in public discourse but are recognized solely for issues of asset distribution and parental responsibilities, not as legal marriages.
The clarification from Minister Ziyambi seeks to dispel any confusion surrounding the 2022 Marriage Act, ensuring citizens understand the new legal framework and its implications for Zimbabwean society.
Source - The Chronicle
