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Zimbabwe
Summary of Domestic Prohibition
Slavery and slave trade
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Practices similar to slavery
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Servitude
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Forced or compulsory labour
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Human trafficking
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Forced marriage
Provisions related to forced marriage in Zimbabwe are found in the Criminal Law act 2004 (amended 2007), which addresses marriage without her consent or marriage as compensation for any debt or obligation or by force or intimidation compels or attempts to compel a female person to enter into a marriage against her at article 94, with a potential penalties of fine up to or exceeding level fourteen or imprisonment for a period not exceeding two years or both. The constitution also addresses forced marriage at article 78(2). The marriage act also addresses that under no circumstances shall any person contract, solemnise, promote, permit, allow or coerce or aid or abet the contracting, solemnising, promotion, permitting, allowing or coercion of the marriage, unregistered customary law marriage, civil partnership, pledging, promise in marriage or betrothal of a child at article 3, with a potential penalty of fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. The marriage act also addresses marriage contracted under forced consent or duress as void and voidable at article 42.
Consent to marriage
Provisions requiring consent to marriage in Zimbabwe are found in the marriage act 2022, article 4 of which states that a marriage shall not be solemnised or registered in terms of this Act unless each party to the marriage has given his or her free and full consent to the marriage. Section 42 further recognises that the consent of a party or prospective party to a marriage is invalidated where the person is subjected to coercion or has not attained marital capacity.
Servile marriage
There appears to be no legislation in Zimbabwe that prohibits servile matrimonial transactions.
Marriage trafficking
There appears to be no legislation in Zimbabwe that prohibits marriage trafficking.
Minimum age for marriage
The minimum age for marriage in Zimbabwe is 21, without differentiation of gender, as set out on Article 78 of the 2013 Constitution and Article 3 of the 2022 Marriage Act. Marriage below the minimum age is an offence under Article 3 of the 2022 Marriage Act with a potential fine not exceeding level 10 or imprisonment for a period not exceeding five years or both. Contracting, solemnising, promoting, permitting, allowing aiding, or abetting a child marriage is an offence under Article 3 of the 2022 Marriage Act, with a potential penalty of imprisonment up to five years or a fine not exceeding level 10 or both. There are no exceptions allowing marriage below this minimum age.
Region
Africa
Regional Court
Not party to a court
Legal System
Mixed
International Instruments
International Obligations
- Slavery
- Servitude
- Institutions and Practices Similar to Slavery
- Forced Labour
- Human Trafficking
- Marriage Trafficking
Regional Organisations
- African Union
- Regional engagement SCORE
Legislative Provisions
CONSTITUTION OF 2013
49. Right to personal liberty
1. Every person has the right to personal liberty, which includes the right–
a. not to be detained without trial; and
b. not to be deprived of their liberty arbitrarily or without just cause.
54. Freedom from slavery or servitude
No person may be subjected to slavery or servitude.
55. Freedom from forced or compulsory labour
No person may be made to perform forced or compulsory labour.
64. Freedom of profession, trade or occupation
Every person has the right to choose and carry on any profession, trade or occupation, but the practice of a profession, trade or occupation may be regulated by law.
65. Labour rights
1.Every person has the right to fair and safe labour practices and standards and to be paid a fair and reasonable wage.
2. Except for members of the security services, every person has the right to form and join trade unions and employee or employers’ organisations of their choice, and to participate in the lawful activities of those unions and organisations.
3. Except for members of the security services, every employee has the right to participate in collective job action, including the right to strike, sit in, withdraw their labour and to take other similar concerted action, but a law may restrict the exercise of this right in order to maintain essential services.
4. Every employee is entitled to just, equitable and satisfactory conditions of work.
5. Except for members of the security services, every employee, employer, trade union, and employee or employer’s organisation has the right to–
a. engage in collective bargaining;
b. organise; and
c. form and join federations of such unions and organisations.
6. Women and men have a right to equal remuneration for similar work.
7. Women employees have a right to fully paid maternity leave for a period of at least three months.
66. Freedom of movement and residence
2. Every Zimbabwean citizen and everyone else who is legally in Zimbabwe has the right to–
a. move freely within Zimbabwe;
b. reside in any part of Zimbabwe; and
c. leave Zimbabwe.
78. Marriage rights
2. No person may be compelled to enter into marriage against their will.
81. Rights of children
1. Every child, that is to say every boy and girl under the age of eighteen years, has the right–
e. to be protected from economic and sexual exploitation, from child labour, and from maltreatment, neglect or any form of abuse;
CRIMINAL LAW (CODIFICATION AND REFORM) ACT
82. Living off or facilitating prostitution
Any person who—
(a) keeps a brothel; or
(b) demands froma prostitute any payment or reward in consideration of the person—
(i) keeping, managing or assisting in the keeping of a brothel in which the prostitute is, or has been, living for immoral purposes; or
(ii) having solicited other persons for immoral purposes on behalf of the prostitute; or
(iii) having effected the prostitute’s entry into a brothel for the purpose of prostitution; or
(iv) having brought or assisted in bringing the prostitute into Zimbabwe for immoral purposes; or
(c) demands from a prostitute any payment or reward in consideration for any present or past immoral connection with the prostitute;
shall be guilty of living off or facilitating prostitution and liable to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both.
83. Procuring
Any person who procures any other person—
(a) for the purposes of engaging in unlawful sexual conduct with another person or with persons generally, whether inside or outside Zimbabwe; or
(b) to become a prostitute, whether inside or outside Zimbabwe; or
(c) to leave Zimbabwe with the intent that the other person may become a prostitute; or
(d) to leave his or her usual place of residence, not being a brothel, with the intent that he or she may become an inmate of or frequent a brothel elsewhere;
shall be guilty of procuring and liable to a fine up to or exceeding level fourteen or—
(i) in a case where the person procured is a young person, imprisonment for a period not exceeding ten years, or both such fine and imprisonment;
(ii) in any other case, imprisonment for a period not exceeding two years, or both such fine and imprisonment.
93 Kidnapping or unlawful detention
(1) Any person who
(a) deprives an adult of his or her freedom of bodily movement, intending to cause such deprivation or realising that there is a real risk or possibility that such deprivation may result; or
(b) not being the lawful custodian of the child concerned –
(i) deprives a child of his or her freedom of bodily movement, intending to cause such deprivation or realising that there is a real risk or possibility that such deprivation may result; or
(ii) detains or keeps a child, intending to deprive the child’s lawful custodian of his or her control over the child or realising that there is a real risk or possibility that such deprivation may result;
shall be guilty of kidnapping or unlawful detention and liable
- to imprisonment for life or any shorter period, except in a case referred to in subparagraph B; or
- where the kidnapping or unlawful detention was Committed in the mitigating circumstances referred to in paragraph (b) of subsection (3), to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both.
(2) An accused may be convicted of kidnapping or unlawful detention-
(a) whatever the manner in which the accused deprived the adult or child of his or her freedom of bodily movement or the lawful custodian of his or her control, whether by the use of threats or force or by the use of fraudulent misrepresentation or otherwise; and
(b) whatever the period over which the accused deprived the adult or child of his or her freedom of bodily movement or the lawful custodian of his or her control.
(3) In determining an appropriate sentence to be imposed upon a person convicted of kidnapping or unlawful detention, and without limitation on any other factors or circumstances which a court may take into account –
(a) a court shall regard it as an aggravating circumstance if –
(i) the kidnapping or unlawful detention was accompanied or motivated by the demand of a ransom for the safe return of the adult or child; or
(ii) the kidnapping or unlawful detention was accompanied by violence or the threat of violence;
(b) a court shall regard it as a mitigating circumstance if, in the case of the kidnapping or unlawful detention of a child, the accused is a parent of or closely related to the child and the kidnapping or unlawful detention was not accompanied by violence or the threat of violence.
94 Pledging of female persons
(1) A lawful custodian or relative of a female person who –
(a) at a time when the female person is under the age of eighteen years, or without her consent, hands her over to another person as compensation for the death of a relative of that other person, or as compensation for any debt or obligation; or
(b) at a time when the female person is under the age of eighteen years, or without her consent, enters into an arrangement whereby the female person is promised in marriage to any man, whether for any consideration or not; or
(c) by force or intimidation compels or attempts to compel a female person to enter into a marriage against her will, whether in pursuance of an arrangement referred to in paragraph (a) or (b) or otherwise;
shall be guilty of pledging a female person and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding two years or both.
(2) Any party to an arrangement or marriage referred to in Subsection (1) may be charged as an accomplice to pledging a female person.
LABOUR ACT
4A. Prohibition of forced labour.
(1) Subject to subsection (2), no person shall be required to perform forced labour.
(2) For the purposes of subsection (1) “forced labour” does not include—
(a) any labour required in consequence of the sentence or order of a court; or
(b) labour required of any person while he is lawfully detained which, though not required in consequence of the sentence or order of a court—
(i) is reasonably necessary in the interests of hygiene or for the maintenance or management of the place at which he is detained; or
(ii) is permitted in terms of any other enactment; or
(c) any labour required of a member of a disci- plined force in pursuance of his duties as such or any labour required of any person by virtue of an enactment in place of service as a
member of any such force; or
(d) any labour required by way of parental discipline; or
(e) any labour required by virtue of an enactment during a period of public emergency or in the event of any other emergency or disaster that threatens the life or well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or disaster, for the purpose of dealing with that situation.
(3) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
TRAFFICKING IN PERSONS ACT
2. Interpretation
“‘debt bondage” means a pledge by a debtor of his or her personal services or labour, or those of a person under his or her control, as security or payment for a debt;
3. Crime of trafficking in persons.
(1) Any person who-
(a) trafficks any individual by transporting him or her into outside or within Zimbabwe-
(i) involuntarily, that is to say by any of the following means-
A. force, violence or threats thereof; or
B. administering drugs to subdue the victim or causing the victim to be addicted to drugs; or
C. abduction or detention of the victim; or
D. fraud, extortion or deception; or
E. the abuse of power or trust over the victim; or
F. the giving of inducements to the victim or a person having control over the victim for the purpose of facilitating the transportation of the victim; or
(ii) voluntarily, for an unlawful purpose;
(b) knowingly does any of the following acts-
(i) recruits, transfers, harbours or receives another person that he or she knows or suspects is being or is likely to be trafficked; or
(ii) attempts, assists, abets, conceals, procures, incites, solicits, connives at, or conspires with others for, the commission of the crime of trafficking; or
(iii) leases or subleases or allows the use of any premises or land which belongs to him or her or over which he or she has control for the purpose of trafficking; or
(iv) advertises or assists in the advertising, printing, publication, broadcasting or distribution by any means, any material that promotes trafficking in persons; or
(v) being an internet service provider operating in Zimbabwe, is aware of any site on its server that contains information in contravention of subparagraph (iv); or
(vi) for the purpose of trafficking assists any other person to obtain false identity or travel documents or tampers with identity or travel documents; or
(vii) facilitates in any way the cross-border transportation of victims in contravention of paragraph (a); or
(viii) benefits either directly or indirectly from the proceeds of trafficking; or
(ix) for the purpose of trafficking confiscates, destroys or conceals the identity or travel documents of an individual in order to unlawfully deny such individual his or her freedom of movement, or access to any public services;
shall be guilty of the crime of trafficking persons.
(2) Any person who commits the crime of trafficking in persons-
(a) in a case described in-
(i) subsection (1)(a); or
(ii) subsection (1)(b) that is committed in any of the aggravating circumstances described in subsection (3);
shall be liable to imprisonment for life or any definite period of imprisonment of not less than ten years;
or
(b) in a case described in-
(i) subsection (1)(a) where special circumstances in terms of subsection (5) are found to apply; or
(ii) subsection (1)(b) that is not committed in any of the aggravating circumstances described in subsection (3) or, if committed in such circumstances, where special circumstances in terms of subsection (5) are found to apply;
shall be liable to a fine not exceeding level fourteen or imprisonment not exceeding ten years or both such fine and such imprisonment.
(3) The crime of trafficking in persons shall be considered to be committed in aggravating circumstances if-
(a) the trafficked person is a child or disabled person; or
(b) the child adoption laws of any country or territory are abused to facilitate the trafficking of a child; or
(c) the crime is committed by an organized criminal group; or
(d) the offender is an ascendant, parent, sibling, guardian or a person who exercises parental authority over the victim; or
(e) the offender is a member of a law enforcement agency or the leader of a religious body or group that purports to be a religious body; or
(f) by reason or on the occasion of the act of trafficking, the victim dies, becomes insane, suffers mutilation or is infected with the Human Immune Virus (HIV), Acquired Immuno-Deficiency Syndrome (AIDS), a sexually transmitted infection (STI) or any other disease; or
(g) the transportation of the victim was, to the knowledge of the offender, procured by any of the means specified in subsection (1)(a).
(4) If a victim was trafficked for the purposes of adult or child pornography or prostitution, or for any purpose or in any circumstances involving the breach of the immigration or labour laws of Zimbabwe or of any country or territory, that victim shall not be charged with any crime whose essential elements include adult or child pornography, prostitution or the breach of the immigration or labour laws in question.
(5) If the person accused of trafficking in persons in contravention of subsection (2)(a) satisfies the court that there are special circumstances in the case, which circumstances shall be recorded by the court, why the penalty provided under subsection (2)(a) should not be imposed, the person on conviction shall be liable to the penalty provided under subsection (2)(b).
(6) No portion of a sentence imposed in terms of subsection (2)(a) shall be suspended by the court if the effect of such suspension is that the convicted person will serve less than ten years imprisonment.
(7) It shall not be a defence to a charge or trafficking in persons for an offender to prove that-
(a) a victim consented to any act constituting the offence; or
(b) the victim had previously engaged in prostitution or pornography or has been convicted of any criminal offence; or
(c) where the victim is a child, that the victim, or the parent, guardian or other person who has parental authority over the victim, consented to any act constituting the offence; or
(d) the purpose for which the offence is committed was not fulfilled; or
(e) any act constituting an essential element of the crime of trafficking in persons is a customary or religious practice.
Trafficking in Persons Act (PDF)
CONSTITUTION OF 2013
- Marriage rights
(1) Every person who has attained the age of eighteen years has the right to found a family.
(2) No person may be compelled to enter into marriage against their will.
(3) Persons of the same sex are prohibited from marrying each other.
Zimbabwe. Constitution. 2013 (upd 2017) (Constitute) (English)
CRIMINAL LAW (CODIFICATION AND REFORM) ACT 2004, amended 2007
PART V CRIMES INVOLVING INFRINGEMENT OF LIBERTY, DIGNITY, PRIVACY OR REPUTATION
94 Pledging of female persons
(1) A lawful custodian or relative of a female person who
(a) at a time when the female person is under the age of eighteen years, or without her consent, hands her over to another person as compensation for the death of a relative of that other person, or as compensation for any debt or obligation; or
(b) at a time when the female person is under the age of eighteen years, or without her consent, enters into an arrangement whereby the female person is promised in marriage to any man, whether for any consideration or not; or
(c) by force or intimidation compels or attempts to compel a female person to enter into a marriage against her will, whether in pursuance of an arrangement referred to in paragraph (a) or (b) or otherwise;
shall be guilty of pledging a female person and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding two years or both.
(2) Any party to an arrangement or marriage referred to in subsection (1) may be charged as an accomplice to pledging a female person.
PART X AUTHORITY
242 Purported corporal punishment of spouses unlawful
It shall not be lawful for a person to purport to administer corporal punishment upon his or her spouse,
whatever the nature of their marriage and wherever their marriage may have been contracted.
Zimbabwe. Criminal Law Act. 2004 (original text) (ILO) (English) (PDF)
CRIMINAL LAW (CODIFICATION AND REFORM) ACT
94 Pledging of female persons
(1) A lawful custodian or relative of a female person who –
(a) at a time when the female person is under the age of eighteen years, or without her consent, hands her over to another person as compensation for the death of a relative of that other person, or as compensation for any debt or obligation; or
(b) at a time when the female person is under the age of eighteen years, or without her consent, enters into an arrangement whereby the female person is promised in marriage to any man, whether for any consideration or not; or
(c) by force or intimidation compels or attempts to compel a female person to enter into a marriage against her will, whether in pursuance of an arrangement referred to in paragraph (a) or (b) or otherwise;
shall be guilty of pledging a female person and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding two years or both.
(2) Any party to an arrangement or marriage referred to in Subsection (1) may be charged as an accomplice to pledging a female person.
Zimbabwe. Criminal Law Act. 2004 (original text) (ILO) (English) (PDF)
Marriage Act 2022
3 Minimum age of marriage
(1) No person under the age of eighteen years may contract a marriage or enter into an unregistered customary law marriage or a civil partnership.
(2) For the avoidance of any doubt, it is declared that child marriages are
prohibited and under no circumstances shall any person contract, solemnise, promote,
permit, allow or coerce or aid or abet the contracting, solemnising, promotion, permit- ting, allowing or coercion of the marriage, unregistered customary law marriage, civil partnership, pledging, promise in marriage or betrothal of a child.
(3) Any person, other than the child concerned, who contravenes subsection (2),
shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
(4) It shall be an aggravating factor in an offence referred to in subsection (3) that the contravention was by a parent or a person in loco parentis to the child concerned.
4 Consent to marriage
A marriage shall not be solemnised or registered in terms of this Act unless each party to the marriage has given his or her free and full consent to the marriage.
5 Nature of marriages
(1) A civil marriage is monogamous, that is to say, it is the lawful union of two persons to the exclusion of all others and no person may contract any other marriage during the subsistence of a marriage under the general law.
(2) A customary law marriage may, subject to the customary law of the people concerned, be polygamous or potentially polygamous.
(3) No person may be married under the general law and customary law at the same time.
(4) Parties to a registered customary law marriage in which the husband has no other existing spouse in polygamy may convert their marriage to a civil marriage and the appropriate marriage officer shall, upon being satisfied that there is no impediment to the conversion, solemnise the marriage in accordance with the general law and the civil marriage shall supersede the previous customary law marriage in the marriage register.
(5) All marriages registered in terms of this Act are equal.
6 Legal status of spouses
Parties to any marriage have equal rights and obligations during the subsistence, and at dissolution, of the marriage.
14 Unauthorised solemnisation of marriage ceremonies forbidden
(1) A marriage may be solemnised by a marriage officer only.
(2) A marriage shall not be invalid by reason that the person solemnising it was not authorised by this Act to do so, if either party to the marriage, at the time the marriage was solemnised, believed that that person was lawfully authorised to solemnise it, and in such case, the form and ceremony of the marriage shall be deemed to have been sufficient if they were such as to show an intention on the part of each of the parties to become thereby lawfully married.
(3) Any person, not being a marriage officer, who purports to solemnise a marriage, shall be guilty of an offence and liable to a fine not exceeding level 7 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
15 Solemnisation of customary law marriages
(1) Every marriage contracted according to customary law, including the case where a man takes to wife the widow or widows of a deceased relative, shall be solemnised before the appropriate marriage officer of the district in which either party resides.
(2) A marriage officer in a customary law marriage may put to either of the parties to a proposed marriage or to the witnesses any questions relevant to the identity or conjugal status of the parties to the proposed marriage and to the existence of impediments to the marriage.
(3) Any person who refuses to answer, or wilfully gives a false answer to, any question put to him or her in terms of subsection (2) shall be guilty of an offence and liable to a fine not exceeding level 4 or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.
(4) If any person impersonates either of the parties to a marriage, he or she shall be guilty of an offence and liable to a fine not exceeding level 5 or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
(5) If the marriage officer is satisfied—
(a) that the intended husband and wife freely and fully consent to the marriage;
and
(b) that no lawful impediment exists to the proposed marriage;
he or she shall proceed in terms of section 30 and such marriage shall be a valid mar- riage contracted according to customary law.
17 Publication of banns or notice of intention to marry or issue of marriage licence before marriage
(1) Subject to subsection (2), no marriage officer shall solemnise any marriage unless in respect thereof and in terms of this Act or a prior law—
(a) each of the parties has caused banns of marriage to be published; or
(b) each of the parties has caused a notice of intention to marry to be published; or
(c) one of the parties has caused banns of marriage to be published and the other has caused a notice of intention to marry to be published; or
(d) a marriage licence has been issued.
(2) A party to a proposed marriage within Zimbabwe may, if the law of the country in which he or she is ordinarily resident does not require the publication of banns of marriage or of notice of intention to marry, lodge with the marriage officer concerned a certificate issued by an appropriate authority in that country to the effect
that there is no impediment to the proposed marriage, and such certificate shall be accepted by the marriage officer in lieu of a certificate or notice of intention to marry if the marriage officer is satisfied that publication of such banns or notice of intention is not required by the laws of that country.
27 Objections to marriage
(1) Any person desiring to raise any objection to any proposed marriage shall lodge such objection in writing with—
(a) the person who makes publication of the relevant banns of marriage or notice of intention to marry:
Provided that, in the case of banns published in terms of section 19(2)(a), any person desiring to raise any objection may do so orally, and such objector shall, if so required by the person making the publication, confirm such objection in writing; or
(b) the magistrate who issues a marriage licence in respect of such proposed marriage; or
(c) the marriage officer who is to solemnise such marriage.
(2) If any such objection is brought to the notice of—
(a) the marriage officer who—
(i) is required to issue a certificate in terms of section 20 or 23; or
(ii) is to solemnise the marriage; or
(b) the magistrate who has issued a marriage licence in terms of section 24;
such marriage officer or magistrate, as the case may be, shall inquire into the ground of
objection and, if satisfied that there is no lawful impediment to the proposed marriage, such marriage officer may issue the relevant certificate or solemnise the marriage, as the case may be, and such magistrate need take no further action.
(3) If such marriage officer or magistrate is not satisfied in terms of subsection
(2), he or she shall refuse to issue the relevant certificate or solemnise the marriage, as
the case may be, and where a marriage licence had been issued, such magistrate shall take steps to cancel the marriage licence.
39 Penalties for solemnising marriage contrary to this Act and for false representation or statement
Any marriage officer who knowingly solemnises a marriage in contravention of this Act or any person who makes, for any of the purposes of this Act, any false representation or false statement knowing it to be false, shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
42 Void and voidable marriages
(1) The following marriages shall be void, namely—
(a) any marriage or unregistered customary law marriage of a child contracted on or after 20th January, 2016;
(b) any civil marriage where either of the parties was, at the time of the marriage, lawfully married to some other person;
(c) subject to section 75(3) of the Criminal Law Code, any marriage in which the parties are within the prohibited degrees of relationship;
(d) any marriage to which the consent of either of the parties was not a real consent because—
(i) it was obtained by duress or fraud; or
(ii) a party was mistaken as to the identity of the other party or as to the nature of the ceremony performed; or
(iii) a party was mentally incapable of understanding the nature and effect of the marriage ceremony by reason of mental illness, intoxication or being under the influence of drugs;
(iv) any marriage of convenience in circumvention of any law.
(2) The following marriages shall be voidable, namely—
(a) any marriage or unregistered customary law marriage contracted on or before 20th January, 2016, at the instance of the party who was a child at the time of the marriage, or at the instance of a third party in the interests of the protection of the rights of a child or a victim of crime;
(b) any marriage where a party has remained incapable of consummating the marriage;
(c) where any formalities required in terms of this Act have not been complied with (not being informalities such as are referred to in section 14(2) and section 26).
(3) The annulment of a marriage referred to in subsections (1)(a) and (2)(a)
shall not affect—
(a) any right or interest in any real or personal rights to which a person who was a child at the date of the purported marriage had become entitled to by reason of the said marriage;
(b) the rights of any child of the marriage with respect to status, guardianship, custody and rights of succession.
Customary Marriage Act
3 Marriages not to be valid unless solemnized
(1) Subject to this section, no marriage contracted according to customary law, including the case where a man takes to wife the widow or widows of a deceased relative, shall be regarded as a valid marriage unless—
(a) such marriage is solemnized in terms of this Act; or
(b) such marriage was registered under the Native Marriages Act [Chapter 79 of 1939] before the 1st January, 1951; or
(c) such marriage was contracted before the 1st February, 1918; or
(d) being a marriage contracted outside Zimbabwe, such marriage is recognized as a valid marriage in the country in which it was contracted.
(2) A marriage contracted according to customary law on or after the 1st February, 1918, and before the 1st January, 1951, which was not registered under the Native Marriages Act [Chapter 79 of 1939] shall, subject to subsection (2) of section seven, be regarded as a valid marriage.
(3) If the male party to a marriage referred to in subsection (2) fails to have such marriage solemnized in terms of this Act, he shall be guilty of an offence and liable to a fine not exceeding level one.
[Subsection amended by section 4 of Act 22 of 2001.]
(4) A prosecution for a contravention of subsection (3) shall not be a bar to further prosecution or prosecutions thereunder if the accused does not thereafter have his marriage solemnized in terms of this Act.
(5) A marriage contracted according to customary law which is not a valid marriage in terms of this section shall, for the purposes of customary law and custom relating to the status, guardianship, custody and rights of succession of the children of such marriage, be regarded as a valid marriage.
4 Who must be present at solemnization of marriage
(1) A marriage to be solemnized in terms of this Act shall be solemnized by a customary marriage officer of the district in which the woman or her guardian resides.
(2) In addition to the customary marriage officer and the parties to the marriage, there shall be present at the solemnization of every marriage in terms of this Act the following other persons—
(a) the guardian of the woman or a deputy appointed by such guardian:
Provided that, if the solemnization of the marriage has been authorized by a magistrate in terms of section five or if the customary marriage officer is satisfied that the guardian of the woman has consented to the solemnization of the marriage and has agreed to the form and amount of the marriage consideration, the presence of the guardian of the woman or his deputy shall not be necessary; and
(b) a witness, who shall be the chief, headman or village-head of the guardian of the woman or such other person as the customary marriage officer may approve.
(3) The husband shall pay a fee of one dollar to the person who, in terms of paragraph (b) of subsection (2), is the witness at the solemnization of his marriage.
5 Authorization of marriage by magistrate
(1) If the guardian of a woman who wishes her marriage to be solemnized withholds or refuses to give his assent to the marriage, the parties to the proposed marriage may appeal to a magistrate for the province in which the woman resides, and such magistrate may—
(a) authorize the solemnization of the marriage if, after due inquiry, he is satisfied that such consent is unreasonably or improperly withheld or refused; and
(b) after consultation with the guardian of the woman, fix the marriage consideration.
(2) If no guardian of a woman who wishes her marriage to be solemnized can be found, a magistrate for the province in which the woman resides may, after due inquiry, authorize the solemnization of her marriage.
6 Customary marriage officer may put relevant questions
(1) A customary marriage officer may put to either of the parties to a proposed marriage, to the guardian of the woman or his deputy, and to the person who, in terms of paragraph (b) of subsection (2) of section four, is to be the witness at the proposed marriage any question relevant to the identity or conjugal status of the parties to the proposed marriage and to the determination of the marriage consideration and to the existence of impediments to the marriage.
(2) Any person who refuses to answer, or wilfully gives a false answer to, any question put to him in terms of subsection (1) shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.
[Subsection amended by section 4 of Act 22 of 2001.]
(3) If any person impersonates either of the parties to a marriage or the guardian of the woman or his deputy, he shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment
7 Solemnization of marriage
(1) If the customary marriage officer is satisfied—
(a) save where a magistrate has fixed the marriage consideration in terms of section five, that the guardian of the woman and the intended husband have agreed on the marriage consideration and the form thereof;
and
(b) that the intended husband and wife freely and voluntarily consent to the marriage; and
(c) that the guardian of the woman consents to the marriage or that a magistrate has authorized the solemnization of the marriage in terms of section five; and
(d) that no lawful impediment exists to the proposed marriage;
he shall solemnize the marriage by declaring the parties to be man and wife and such marriage shall be a valid marriage contracted according to customary law.
(2) If a customary marriage officer declines to solemnize a marriage referred to in subsection (2) of section three because he is not satisfied in terms of subsection (1), he shall declare such marriage void.
10 Offences in relation to marriage register
(1) If any person unlawfully—
(a) erases or obliterates any entry in a marriage register or duplicate original register; or
(b) destroys a marriage register;
he shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.
[Subsection amended by sect ion 4 of Act 22 of 2001.]
(2) If any person—
(a) unlawfully and wilfully forges or alters or falsely makes an entry in a marriage register or duplicate original register or any certified copy from a marriage register; or
(b) knowingly and wilfully delivers, offers, alters or puts off any such forged, false or altered copy;
he shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.
11 Pledging of girls and women in marriage prohibited
(1) Any agreement in which a person, whether for consideration or otherwise, pledges or promises a girl or woman in marriage to a man shall be of no effect.
(2) ….
12 Certificates as to consent and marriage consideration in marriages under Marriage Act
(1) Whenever Africans desire their marriage to be solemnized in terms of the Marriage Act, such Africans shall appear before a magistrate for the purpose of obtaining a certificate stating that there is no bar to such marriage by reason of lack of consent of the parents or guardian of the woman.
(2) No magistrate shall issue a certificate referred to in subsection (1) until he has satisfied himself by means of such inquiry as he may think fit that there is no bar to the marriage in terms of subsection (1).
(3) A marriage between Africans which is solemnized in terms of the Marriage Act shall be invalid unless there was produced to the minister of religion or other marriage officer the certificate required in terms of subsection (1).
(4) On application by the parties to a marriage between Africans which is or is to be solemnized in terms of the Marriage Act, a magistrate for the province in which the husband or intended husband resides shall furnish to the parties a certificate stating—
(a) the marriage consideration paid and its value; and
(b) the marriage consideration remaining to be paid and its value; and
(c) the terms of payment agreed upon;
and such certificate shall be evidence of the facts therein recorded in and before all courts and in criminal and civil proceedings therein and shall be admissible upon its production by any person.
16 Dissolution of marriage
No marriage solemnized in terms of this Act or the Marriage Act or registered under the Native Marriages Act [Chapter 79 of 1939] or contracted under customary law before the 1st April, 1918, shall be dissolved except by order of a court of competent jurisdiction in terms of the Matrimonial Causes Act [Chapter 5:13].
17 Validation of certain marriages
Any marriage solemnized in terms of the Marriage Act [Chapter 177 of 1963] before the 1st April, 1930, between Africans is hereby declared to be a legal and valid marriage.
Zimbabwe. Customary Marriage Act. 1917 (amended 2004) (UNSTAT) (English) (PDF)