102 Charges alternative to or concurrent with charges under Part VI of Chapter V
A person accused of engaging in a practice commonly associated with witchcraft, indicating a witch or wizard
or employing non-natural means to resolve a crime or delict, involving conduct that is in itself otherwise
unlawful
(a) may be charged in the alternative with the crime constituted by that conduct if the punishment to which
the person is liable for that crime is the same or less than that provided for under section ninety-eight,
ninety-nine or one hundred, as the case may be; or
(b) shall be charged with the crime constituted by that conduct, whether or not concurrently with the crime
of engaging in a practice commonly associated with witchcraft, indicating a witch or wizard or
employing non-natural means to resolve a crime or delict, if the punishment to which the person is liable
for that crime is greater than that provided for under section ninety-eight, ninety-nine or one hundred, as
the case may be.
PART VII
B IGAMY
103 Interpretation in Part VII of Chapter V
In this Part
“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(a) a marriage celebrated in terms of the Marriage Act [Chapter 5:11] or any enactment repealed by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
C ONCEALMENT OF B IRTHS AND EXPOSURE OF INFANTS
105 Interpretation in Part VIII of Chapter V
In this Part
“child” does not include a foetus which has issued forth from its mother before the twenty-eighth week of
pregnancy;
“infant” means a person under the age of seven years;
Select target paragraph3
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