(b) such marriage was registered under the Native Marriages Act [Chapter 79 of 1939] before the 1st
January, 1951; or
(c) such marriage was contracted before the 1st February, 1918; or
(d) being a marriage contracted outside Zimbabwe, such marriage is recognized as a valid marriage in the
country in which it was contracted.
(2) A marriage contracted according to customary law on or after the 1st February, 1918, and before the 1st
January, 1951, which was not registered under the Native Marriages Act [Chapter 79 of 1939] shall, subject to
subsection (2) of section seven, be regarded as a valid marriage.
(3) If the male party to a marriage referred to in subsection (2) fails to have such marriage solemnized in
terms of this Act, he shall be guilty of an offence and liable to a fine not exceeding level one.
[Subsection amended by section 4 of Act 22 of 2001.]
(4) A prosecution for a contravention of subsection (3) shall not be a bar to further prosecution or
prosecutions thereunder if the accused does not thereafter have his marriage solemnized in terms of this Act.
(5) A marriage contracted according to customary law which is not a valid marriage in terms of this section
shall, for the purposes of customary law and custom relating to the status, guardianship, custody and rights of
succession of the children of such marriage, be regarded as a valid marriage.
4 Who must be present at solemnization of marriage
(1) A marriage to be solemnized in terms of this Act shall be solemnized by a customary marriage officer of
the district in which the woman or her guardian resides.
(2) In addition to the customary marriage officer and the parties to the marriage, there shall be present at the
solemnization of every marriage in terms of this Act the following other persons—
(a) the guardian of the woman or a deputy appointed by such guardian:
Provided that, if the solemnization of the marriage has been authorized by a magistrate in terms of
section five or if the customary marriage officer is satisfied that the guardian of the woman has
consented to the solemnization of the marriage and has agreed to the form and amount of the marriage
consideration, the presence of the guardian of the woman or his deputy shall not be necessary; and
(b) a witness, who shall be the chief, headman or village-head of the guardian of the woman or such other
person as the customary marriage officer may approve.
(3) The husband shall pay a fee of one dollar to the person who, in terms of paragraph ( b) of subsection (2),
is the witness at the solemnization of his marriage.
5 Authorization of marriage by magistrate
(1) If the guardian of a woman who wishes her marriage to be solemnized withholds or refuses to give his
assent to the marriage, the parties to the proposed marriage may appeal to a magistrate for the province in which
the woman resides, and such magistrate may—
(a) authorize the solemnization of the marriage if, after due inquiry, he is satisfied that such consent is
unreasonably or improperly withheld or refused; and
(b) after consultation with the guardian of the woman, fix the marriage consideration.
(2) If no guardian of a woman who wishes her marriage to be solemnized can be found, a magistrate for the
province in which the woman resides may, after due inquiry, authorize the solemnization of her marriage.
6 Customary marriage officer may put relevant questions
(1) A customary marriage officer may put to either of the parties to a proposed marriage, to the guardian of
the woman or his deputy, and to the person who, in terms of paragraph (b) of subsection (2) of section four, is to
be the witness at the proposed marriage any question relevant to the identity or conjugal status of the parties to the
proposed marriage and to the determination of the marriage consideration and to the existence of impediments to
the marriage.
(2) Any person who refuses to answer, or wilfully gives a false answer to, any question put to him in terms of
subsection (1) shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a
period not exceeding three months or to both such fine and such imprisonment.
[Subsection amended by section 4 of Act 22 of 2001.]
(3) If any person impersonates either of the parties to a marriage or the guardian of the woman or his deputy,
he shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not
exceeding six months or to both such fine and such imprisonment
[Subsection amended by section 4 of Act 22 of 2001.].
7
Solemnization of marriage
(1) If the customary marriage officer is satisfied—
(a) save where a magistrate has fixed the marriage consideration in terms of section five, that the guardian
of the woman and the intended husband have agreed on the marriage consideration and the form thereof;
and
(b) that the intended husband and wife freely and voluntarily consent to the marriage; and