(a) The provision of care and assistance to mothers,
fathers and other family;
(b) The prevention of domestic
80.
vio~ence."
Even if the above were absent, the Zimbabwean Constitution provides
for a right to human dignity in Article 51 which reads as follows:~
"51 Right to human dignity
Every person has inherent dignity in their private and
public life, and the right to have that dignity respected
and protected."
81.
The right to family life and family protection is essentially part of the
human dignity protected by the Constitution and in South Africa
where
family
protection
1s
not
specifically
provided
tn
the
Constitution, the Constitutional Court has held that this right is
indirectly protected via the right to dignity. See for instance Dawood v
Minister of Home Affairs 2000 (3) SA 936 (CC) paragraph 36,
Booysen v Minister of Home Affairs 2001 (4) SA 485 (CC) paragraph
10.
82.
Indeed this Constitution makes a clear demarcation between children
and adults. Indeed the legal age of majority Act delineates adults and
minors. Equally Section 78 of the Constitution which only gives the
right to every person who has attained the age of eighteen (18) years to
found a family is significant.
83.
On the basis of the application of the expressio unius rule it therefore
means that any person under the age of eighteen (18) cannot found a
family and a fortiori cannot be married.
Page 28 of 46
Applicant's Heads of Argnrnent in the matter between:
Loveness Mudzuru & Another v Minister of Justice Legal & Parliamentary Affairs & 2 Others
Case Number CCZ 79/2014
Prepared by Tendai Biti Law
Select target paragraph3
Add to table of contents