Judgment No. CCZ 12/2015 55 Const. Application No. 79/14 the answers to which were not so obvious. The litigation really concerned the ending of the problem of child marriage. DISPOSITION The court makes the following order: 1. 2. 3. 4. 5. The application succeeds. It is declared that s 78(1) of the Constitution of the Republic of Zimbabwe Amendment (No. 20) 2013 sets eighteen years as the minimum age of marriage in Zimbabwe. It is further declared that s 22(1) of the Marriage Act [Chapter 5:11] or any law, practice or custom authorising a person under eighteen years of age to marry or to be married is inconsistent with the provisions of s 78(1) of the Constitution and therefore invalid to the extent of the inconsistency. The law is hereby struck down. With effect from 20 January 2016, no person, male or female, may enter into any marriage, including an unregistered customary law union or any other union including one arising out of religion or religious rite, before attaining the age of eighteen (18) years. Each party shall bear its own costs. CHIDYAUSIKU CJ: I agree ZIYAMBI JCC: I agree GWAUNZA JCC: I agree GARWE JCC: I agree GOWORA JCC: I agree

Select target paragraph3

Add to table of contents