(d) the relative closeness of the case and the parties to the customary law or the general law of Zimbabwe, as the case may be. 4 Capacity Subject to any enactment affecting such capacity, the capacity of any person to enter into any transaction or to enforce or defend any rights in a court of law or to inherit rights or property shall be determined in accordance with the general law of Zimbabwe. 5 Interests of children paramount In any case relating to the custody or guardianship of children, the interests of the children concerned shall be the paramount consideration, irrespective of which law or principle is applied. 6 Polygamous marriages: recognized Subject to section 3 of the Customary Marriages Act [Chapter 5:07] and to any other enactment, if in any civil case a question arises as to the effects of a marriage which was contracted according to customary law by a person at a time when he already had another wife or other wives married to him according to customary law, the court shall treat such marriage as valid for all civil purposes, in so far as polygamous marriages are recognized by customary law. 7 Marriage: prohibited degrees of relationship Customary law as to the prohibition of marriage between persons on account of their relationship by blood or affinity shall, in relation to persons to whom customary law is applicable, prevail over the general law of Zimbabwe: Provided that, in regard to any marriage between persons which is, or is to be, contracted under the Marriage Act [Chapter 5:11], the general law of Zimbabwe on the aforesaid subject shall prevail over customary law. 8 Different systems of customary law In any case where customary law is applicable and the parties are connected with different systems of customary law, the court shall apply the customary law by which the parties have agreed that their obligations should be regulated or, in the absence of such agreement, the customary law with which the case and the parties have the closest connection and if that is not ascertainable, the court shall apply any system of customary law which the court considers it would be just and fair to apply in the determination of the case. 9 Ascertainment of customary law If a court entertains any doubt as to the existence or content of a rule of customary law relevant to any proceedings, after having considered such submissions thereon as may be made and such evidence thereof as may be tendered by or on behalf of the parties, it may, without derogation from any other lawful source to which it may have recourse, consult reported cases, text books and other sources. and may receive opinions, either orally or in writing, to enable it to arrive at a decision in the matter: Provided that— (i) the decision as to the person whose opinions are to be relied upon shall be one for the court after considering such submissions thereon as may be made and such evidence thereof as may be tendered by or on behalf of the parties; (ii) any cases, text books, sources and opinions consulted by the court shall be made available to the parties; (iii) any such oral opinion shall be given to the court in the same manner as oral evidence. PART III CONSTITUTION OF LOCAL COURTS 10 Constitution of local courts (1) The Minister may, by warrant published in a statutory instrument, constitute— (a) primary courts; and (b) community courts; for such areas as may be specified in the warrants. (2) A local court constituted in terms of subsection (1) shall be a court of law and, within the area specified in the warrant by which it is constituted, shall exercise so much of the jurisdiction conferred by this Act as is specified in the warrant. (3) The Minister may, by statutory instrument, amend or revoke any warrant referred to in subsection (1). 11 Composition of local courts (1) Every primary court shall be presided over by a headman or other person who — (a) shall be appointed to his office by the Minister or by a designated officer authorized thereto by the Minister; and (b) may be removed from his office by the Minister or by a designated officer authorized thereto by the Minister.