Judgment No. CCZ 12/2015 45 Const. Application No. 79/14 the right to exercise the right to enter into marriage with a person of the opposite sex who also has attained the age of eighteen years. Both subs(s) (2) and (3) of s 78 of the Constitution do not guarantee the right to enter into marriage. The necessary implication leads to the conclusion that the right to enter into marriage is guaranteed to a man and woman who have attained the age of eighteen by s 78(1) of the Constitution. As the headnote states, s 78 of the Constitution is about “marriage rights”. The Constitution does not specify the type or nature of marriage. A person can choose to enter into any kind of a marriage and found a family. The wide definition of marriage is that it is a union between a man and woman of full age who have freely and with full consent entered into an agreement to live together permanently as husband and wife, to have children and bring them up in a family. A family is a natural and fundamental group unit of society founded upon the union between a man and woman who have attained the age of eighteen years as provided for under s 78(1) of the Constitution. Marriage is in fact the traditionally accepted way of founding a family. It is an important social relationship forming the foundation of a family entered into by free men and women in pursuit of happiness in family life. Entering into marriage is an exercise of the right to found a family. The right to found a family can, of course, be exercised by a single parent who lives with and brings up his or her children. A person can found a family in that respect, without necessarily getting married to the father or mother of the child with whom he or she lives as one household. Section 25(a) of the Constitution recognises a household in which a