(b) the marriage consideration remaining to be paid and its value; and
(c) the terms of payment agreed upon;
and such certificate shall be evidence of the facts therein recorded in and before all courts and in criminal
and civil proceedings therein and shall be admissible upon its production by any person.
13 …
[Section repealed by section 7 of Act No. 6 of 1997.]
14 Evidence for prosecution by husband or wife of accused
Notwithstanding anything to the contrary contained in the Criminal Procedure and Evidence Act
[Chapter 9:07], no marriage contracted according to customary law, either inside or outside Zimbabwe, which
was not registered in terms of the Native Marriages Act [Chapter 79 of 1939] or solemnized in terms of this Act
or the Marriage Act shall render either party thereto incompetent to give evidence against the other party.
15 …..
[Subsection repealed by section 282 of Act 23 of 2004]
15A Legality of marriages between persons within certain degrees of affinity or consanguinity
(1) For the avoidance of doubt it is declared that, on and after the date of commencement of the Criminal
Law Code—
(a) no persons who are related to each other in any degree of relationship specified in subsection (2) of
section 75 of the Criminal Law Code shall be capable of contracting a valid marriage, unless, in the case
of persons who are related to each other as first or second cousins, they satisfy the customary marriage
officer that they belong to a community referred to in subsection (3) of section 75 of the Criminal Law
Code;
(b) persons who are related to each other by affinity shall be capable of contracting a valid marriage if the
affinity relationship between them is not one described in paragraph (b) or (j) of subsection (2) of
section 75 of the Criminal Law Code.
(2) Subsection (2) of section 24 of the Marriage Act [Chapter 5:11] shall apply to persons who marry or
purport to marry in contravention of paragraph (i) of subsection (2) of section 75 of the Criminal Law Code.
(3) For the avoidance of doubt it is declared that a marriage between persons who are related to each other as
first or second cousins shall not be void or voidable if such marriage was contracted before the date of
commencement of the Criminal Law Code.
[Section inserted by section 282 of Act 23 of 2004.]
16 Dissolution of marriage
No marriage solemnized in terms of this Act or the Marriage Act or registered under the Native Marriages
Act [Chapter 79 of 1939] or contracted under customary law before the 1st April, 1918, shall be dissolved except
by order of a court of competent jurisdiction in terms of the Matrimonial Causes Act [Chapter 5:13].
17 Validation of certain marriages
Any marriage solemnized in terms of the Marriage Act [Chapter 177 of 1963] before the 1st April, 1930,
between Africans is hereby declared to be a legal and valid marriage.
18 Appointment of customary marriage officers
The Minister may appoint any person employed by the State or a local authority or any chief to be a
customary marriage officer for the purposes of this Act.
19 Existing marriage registers
Every extract from a marriage register which was kept under the Native Marriages Act [Chapter 79 of 1939]
which purports to be certified as a true copy thereof by a customary marriage officer who for the time being has
the custody of such marriage register shall be prima facie evidence of the facts therein recorded in and before all
courts and in criminal and civil proceedings therein and shall be admissible upon its mere production by any
person.
SCHEDULE (Section 8)
FORM
C USTOMARY MARRIAGES ACT [C HAPTER 5:07]
C ERTIFICATE OF C USTOMARY MARRIAGE
No ................
This is to certify that I have this day solemnized a marriage between—
Name of Husband ....................................................................................................................................
National Registration No. ........................................................................................................................