11.
Ad Paragraphs 22-25
It is true that the Marriage Act, Chapter 5:11 differentiates between
the minimum age of marriage for boys and girls, and that the
Customary Marriages Act, Chapter 5:07 does not specify any
minimum age for either boys or girls. L however, deny that there is
anything unconstitutional about that state of affairs. The
differentiation is simply that, and is necessitated solely by the sexual
difference itself and the implications therefor for married life. As far
as I am aware the differentiation arises from biological and
psychological maturity levels for boys and girls.
12.
Ad Paragraphs 26- 2.9
I deny that the differentiation amounts to child abuse,
discrimination or unequal protection under the Constitution.
13.
Ad Paragraphs 30- 31
I submit that the meaning of section 78( 1) of the Constitution is not
to make 18 the age of marriage in Zimbabwe. Its simply confers a
right on every person who has attained the age of 18 years to
found a family. Had the Constitution intended to establish the age
of 18 years as the minimum age of marriage then it would have said
so in clear and express terms without any equivocation.
14.
Ad Paragraphs 32 - 33
While it is true that early marriages prejudice the livelihood and
opportunities of girl children particularly those from poor
backgrounds it is not the correct position that the Constitution
makes 18 years the minimum age of marriage in Zimbabwe. I may
point one in this connection that neither of the Applicants has been