(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

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