Couples who are married customarily have been advised to regularise and legalise their unions according to the New Marriages act of 2021 for instances of inheritance. This is because the union will not be recognised as a legal marriage under existing law if not registered.
This was said at an information session for Emakhandeni/Luveve Constituency, hosted to discuss the New Marriages Act of 2021 by the Member of Parliament for that constituency Hon, Decent Bajila, on the 23rd of October 2024.
Legal expert from the Zimbabwe Lawyers for Human Rights (ZLHR), Prisca Dube, facilitated the event and helped unpack and respond to questions on the new Marriages Act. When a participant asked if it was a necessity to register an already existing customary marriage, Dube encouraged registration and emphasised the non-specificity of the law on inheritance issues with regards to non-registered customary marriages, suggesting that it was better to be safe than sorry.
The session held virtually on the constituency’s WhatsApp information platform, aimed to help members of the community, understand what the Act entails and reduce the levels of miscommunication that have been spreading on social media causing alarm and despondency.
During the session, Prisca Dube explained the different types of marriages recognised under the new Act, emphasising that cohabiting does not create a marriage but also noting that “The Marriages Act now introduces civil partnerships”.
Dube outlined the requirements for all types of marriages, including the necessity for both partners to be over 18, possess birth certificates and IDs, give consent, and have the marriage contracted in front of a registered and legally recognised marriage officer.
She also addressed the issue of lobola (bride price) payments, clarifying that it is a requirement for customary marriages but not for civil marriages. Dube discussed the rights and responsibilities of spouses in each type of marriage, highlighting the need for mutual love, care, and maintenance of each other and their children. She stressed the importance of recognising unpaid care work as legitimate labour and the necessity of planning for property acquisition and ownership.
The session raised concerns about property rights and inheritance, particularly for women in customary and polygamous unions. One participant asked about the impact of the new Act on property ownership and inheritance in polygamous marriages, whereupon Dube explained that the new Act addresses these issues, emphasising the importance of having ownership documents to avoid disputes. She encouraged women to have their names on receipts and proof to challenge the unjust enrichment of an estate.
Honourable Decent Bajila, who facilitated the initiative, was praised for his dedication to empowering women and ensuring they have access to legal education. The meeting ended with a call for continued efforts to raise awareness about marital laws and support for women’s rights in the community.
Hon. Bajila thanked all participants for their involvement and committed to hosting more information sessions in the future.
