About 250 traditional leaders are set to begin celebrating customary marriages in relation to the Marriage Act after completing training, in a move expected to help eliminate forced and child marriages.
The Marriage Act, passed in 2022, enables traditional leaders to act as marriage officers in cases of customary marriages within their areas.
In addition to celebrating the marriage, they will also be responsible for verifying the eligibility of the couples and ensuring that both parties meet the requirements for a legal marriage.
This includes maintaining the minimum legal age for marriage and preventing forced marriages.
The law also allows traditional leaders to supervise the legal distribution of inheritance.
In an interview with the Sunday Mail, Permanent Secretary for Judicial, Legal and Parliamentary Affairs, Ms Vimbai Nyimba, said training of more chiefs was continuing.
“At least 250 leaders attended the 2024 Traditional Leaders Conference in Bulawayo, which was aimed at enabling them to discharge their duties as marriage officials and deal with inheritance concerns efficiently,” Ms Nyimba said.
“We intend to conduct more targeted capacity building sessions in the districts to enhance the knowledge transferred.”
Section 9 of the Marriage Law states that “every leader shall, ex officio, and for so long as he or she holds that office, be a marriage official in a customary marriage in the area in which he or she holds office.” office”.
The law stipulates that the Minister of Justice “shall ensure that each leader is qualified to perform the duties of a marriage official for the purposes of celebrating marriage in accordance with customary rites.”
Customary marriage follows the established customs and practices of the specific tribe or ethnic group to which the couple belongs and often involves exchanging symbolic items, seeking blessings from elders, and meeting specific cultural requirements.
Ms Nyimba said chiefs who act as marriage officials will help eliminate harmful cultural practices.
“Chiefs hold a unique and respected position within our societies, serving as guardians of tradition, culture and governance.
“Their decisions and actions have far-reaching impacts on the well-being, livelihoods and aspirations of the people they lead,” she added.
“Chiefs, as marriage officiants, strengthen their capacity to uphold the principles of consent, equality and justice in the marriage process, thereby promoting harmonious relations and strengthening the social fabric of our nation. This development will ensure the elimination of harmful cultural practices such as forced marriage, child marriage, pledge of girls, etc.
Couples who register their marriage are protected under property rights, alimony and inheritance law.
“Chiefs in Zimbabwe can help address early child marriage by raising awareness, cooperating with legal authorities, challenging cultural norms, providing support to vulnerable families, and monitoring and reporting cases,” Ms. Nyimba said.
“Their traditional authority, community ties and leadership positions can create a safer environment for children, especially girls, and help break the cycle of poverty caused by early marriage.”
She added that by certifying leaders as marriage officiants, the government is strengthening support for human rights in the country.
“Traditional leaders have historically regulated community affairs, including family or community disputes and marriage counselling, among other issues.
“Today, they continue this role as marriage officials while working within the framework of national laws.”
She added that cooperation between traditional leaders and legal authorities is necessary to ensure that marriage practices comply with legal standards and do not violate human rights.
The Marriage Law gives chiefs the authority to celebrate marriage according to customary rites within their areas, meaning they can officially conduct customary marriage ceremonies.
Section 9(2) of the law also allows leaders to supervise the legal distribution of inheritance within their areas, in accordance with the law of the land.
However, the law makes clear that the authority of leaders is limited to common-law marriages and their role does not extend to dealing with divorce cases. Sunday mail
