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backgrounds.
The law thus needs to be brought in sync with the
Constitution so as to protect these vulnerable persons in our
community whose rights are clearly enshrined and protected by the
new Constitution of Zimbabwe.
34.
I therefore seek as relief the following:,
(a) A Constitutional declaration in general, that, consistent with
Section 7 8 of the Constitution of Zimbabwe only persons who are
above the age of eighteen (18) years can marry, in terms of the
general law, customary law or any other religious law or rite.
(b)An order that Section 22 (1) of the Marriage Act [Chapter 5: 11] be
and is hereby declared unconstitutional to the extent that it has a
different age specifications for girls and boys.
(c) Further, an order that the Customary Marriages Act [Chapter 5:07]
be and is hereby declared unconstitutional to the extent that in that
it does not provide for a minimum age limit (specifically an age limit
of eighteen (18) years) in respect of any marriages contracted under
the same or indeed under African customary law.
(d)I further seek a declarator to the fact that no one may enter into
unregistered customary law union before the age of eighteen (18)
years and that any registered customary law union contracted by
person below the age of eighteen (18) years be declared null and
void.
SECTIONE
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