Criminal Law Code as at 1st March 2007 “actually polygamous marriage” means a polygamous marriage consisting of a husband and two or more wives; “monogamous marriage” means⎯ (a) a marriage celebrated in terms of the Marriage Act [Chapter 5:11] or any enactment repealed by that Act; or (b) any other marriage celebrated inside or outside Zimbabwe under a law which prohibits the parties from marrying anyone else whilst they remain married to each other; “polygamous marriage” means⎯ (a) a marriage celebrated according to customary law and solemnised in terms of the Customary Marriages Act [Chapter 5:07]; or (b) an unregistered customary law marriage; or (c) any other marriage celebrated inside or outside Zimbabwe under a law which permits the husband to marry another woman while remaining married to the wife; “potentially polygamous marriage” means a polygamous marriage consisting of a husband and a single wife. 104 Bigamy (1) Any person who, being a party to⎯ (a) a monogamous marriage and, knowing that the marriage still subsists, intentionally purports to enter into another marriage, whether monogamous or polygamous, with a person other than his or her spouse by the first-mentioned marriage; or (b) an actually polygamous marriage and, knowing that the marriage still subsists, intentionally purports to enter into a monogamous marriage with any person; or (c) a potentially polygamous marriage and, knowing that the marriage still subsists, intentionally purports to enter into a monogamous marriage with any person other than his or her spouse by the potentially polygamous marriage; shall be guilty of bigamy and liable, if convicted in terms of⎯ (i) paragraph (a), to a fine not exceeding level six or imprisonment for a period not exceeding one year or both; (ii) paragraph (b) or (c), to a fine not exceeding level five. (2) Where a person is accused of bigamy in circumstances where he or she is alleged to have purportedly entered into a monogamous marriage while being a party to an unregistered customary law marriage with another person, and the accused denies that he or she is a party to the unregistered customary law marriage, the burden shall rest upon the prosecution to prove beyond a reasonable doubt that he or she is a party to the unregistered customary law marriage. PART VIII CONCEALMENT OF BIRTHS AND EXPOSURE OF INFANTS 105 Interpretation in Part VIII of Chapter V In this Part⎯ - 65 -