Judgment No. CCZ 12/2015 1
Const. Application No. 79/14
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LOVENESS MUDZURU (2) RUVIMBO TSOPODZI
v
(1) MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS N.O
(2) MINISTER OF WOMEN’S AFFAIRS, GENDER & COMMUNITY
DEVELOPMENT (3) ATTORNEY GENERAL OF ZIMBABWE
CONSTITUTIONAL COURT OF ZIMBABWE
CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC,
GOWORA JCC, HLATSHWAYO JCC, PATEL JCC & GUVAVA JCC
HARARE, JANUARY 14, 2015 & JANUARY 20, 2016
T Biti, for the applicants
Mrs O Zvedi, for the respondents
MALABA DCJ:
The two applicants are young women aged 19 and 18
years respectively. They have approached this Court in terms of s 85(1) of the Constitution of
the Republic of Zimbabwe Amendment (No. 20) 2013 (“the Constitution”) which came into
force on 22 May 2013. They complain about the infringement of the fundamental rights of girl
children subjected to early marriages and seek a declaratory order in the terms that:
“1. The effect of s 78(1) of the Constitution of the Republic of Zimbabwe Amendment
(No. 20) 2013 is to set 18 years as the minimum age of marriage in Zimbabwe.
2.
No person, male or female in Zimbabwe may enter into any marriage including
an unregistered customary law union or any other union including one arising out of
religion or a religious rite before attaining the age of eighteen (18).
3. Section 22(1) of the Marriage Act [Chapter 5:11] is unconstitutional.