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
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