immigrants would also be unknown in their own countries or may not have birth
registration documents from their countries; hence the Citizenship of Zimbabwe
Act makes it impossible for most of non-Zimbabwean children in farms and
mines to be registered.
2.3.4 Marriages Act [5:11]
The Marriages Act provides for the requirements of a valid civil marriage. It
also states the age under which a valid marriage may be contracted. The ages
are specifically 16 years, if consent is obtained from a guardian, and 18 years of
age if the person is on his/her own. An identity document (ID) is a critical
document before a marriage is solemnized to verify the ages of the parties.
Comment
This means that if one does not have an ID he cannot marry or she cannot be
legally married. One can only have an ID if he/she has a birth certificate.
2.3.5 Guardianship of Minors Act [5:08]
This Act deals specifically with issues of guardianship of minors.
• Section 3 provides that it is the duty of the father to consult the mother on
the question of guardianship of minors.
• It provides that the right of guardianship of the father shall be exercised by
him in consultation with the mother.
• The Act makes the father the natural choice for guardianship, unless an
application is made in courts to the contrary. It also makes the mother a
natural choice for custody unless an application is made in court and granted
to award custody to the father.
• In Section 6 it provides for access and application procedures for access in
the High Court for a non-custodial parent.
Comment
The provisions of the Act make it difficult for the child to get a birth certificate
if the father, who is the guardian, or when the mother who is normally a
custodian, is not cooperative.
2.3.6 Children’s Act [5:06]
The Children’s Act provides for issues relating to the welfare of the children.
• In section 3 to 6 the Act provides for the establishment of juvenile courts,
offices of juvenile courts and procedure in juvenile courts.
• The Act, in sections 7 to 13 provides for the criminalization of ill-treatment
or neglect of children and young persons, corrupting children and young
persons, begging and public entertainment.
• It also provides for the removal of children and young persons to care
institutions and the procedure in doing so.
Birth Registration Research Report/2007
24
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