121. Surely, a generous purposive broad and interpretation requires the Court should declare unconstitutional Section 22 of the Matrimonial Causes Act as long as the Customary Marriages Act. G. COMPERATIVE INTERNATIONAL LAW AND INTERNATIONAL INSTRUMENTS 122. It is common cause that international instruments, particularly those that jurisprudence, Zimbabwe provide have ratified, guidance when and international interpreting the declaration of rights. See for instance State v A juvenile 1989 (2) ZLR 61 (S). 123. The New Zimbabwean Constitution itself in Section 46 (1) (c) makes it clear that when interpreting the Bill of Rights the Court must take into account the international law and all treaties and conventions to which Zimbabwe is a party to. 124. Zimbabwe is also a signatory of and has ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) adopted for signature on the 18 December 1979 and entered into force on 3 September 1981. In Article 16 subsections (c), (d), and (f), the following rights are provided for:~ "(a) States parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriages and family relations and in particular shaH ensure, on a basis of equality of men and women; (b) The same rights in responsibilities during marriages and it dissolution; Page 41 of 46 Applicant's Heads of Argument in the matter between: Love ness Mudzuru & Another v Minister of Justice Legal & Parliamentary Affairs & Z Others Case Number CCZ 79/2014 Prepared by Tendai Biti Law