·c~
to marry before the age of eighteen (18) years is subjecting the same to
unequal treatment before the law, and is therefore discriminatory.
29.
I therefore make the point that any law in Zimbabwe that allows girls to
be married or to enter into any unregistered customary law union or
some other religious marriage, before the age of eighteen ( 18) years, is a
breach of the equal Protection Provision of the Constitution codified
under Article 56 ( 1) of the same.
30.
Section 78 of the Constitution is clear. It reads as follows:,
78. Marriage Rights
11
(1) Every person who has attained the age of eighteen years
has the right to found a family.
(2) No person may be compelled to enter into marriage
against their will.
(3) Persons of the same sex are prohibited from marrying
each other."
31.
It is respectfully submitted that the clear meaning of Section 78 is to
make eighteen (18) the age of marriage in Zimbabwe. To that extent
therefore it follows that any law, general law, customary law, religious
law that is to the contrary is unconstitutional.
3 2.
In this Court Application I therefore seek to protect the rights of
children, in particular girl children, who are being subjected to the
vagaries of early marriages before eighteen (18).
33.
As I will show below, through various studies done by other people,
early marriages in the majority of situations prejudice the livelihood
and opportunities of girl children particularly those from poor
8