Mixed reactions to new Marriage Act

Peter Moyo

The new Marriage Act which recognises civil partnerships has sharply divided opinion among  Zimbabwean society, a Whatsapp discussion revealed.

In collaboration with Community Podium, The Girls Table, an organisation whose work is centred on amplifying voices of girls and women hosted the discussion themed “The effectiveness of the Marriage Act in Promoting Gender Equality.”

Lawyer Julian Mugova took time to bring participants to speed with the contentious  civil partnerships aspect of the Marriage Act.

“Section 40 of the Act deals with civil partnerships which are defined as a relationship between a man and a woman who are both above 18, have lived together without legally being married to each other and are not related as provided for in terms of the law,” she explained.

The articulate Mugova drew a great deal of reactions from participants when she highlighted that parties in a civil partnership may be entitled to inheritance of property just as well as those in a legal marriage.

“When the civil partnership has dissolved either by death or partners choosing to sever ties, a court can assess and determine whether there was a civil partnership considering issues like  longevity of the relationship, the nature and extent of the common residence, whether there was a sexual relationship between the parties, whether there was financial interdependence, ownership and use of property, degree of mutual commitment to a shared life, care and support of children, if any.

After assessing, the court decides on whether a civil partnership existed. The law does not consider whether the  two people in a civil partnership are married to other people or not. The end of a civil partnership is handled the same way as other marriages,” she said amidst interjections of approval and disapproval of the Act from participants.

“Let’s say person A and person B are married and person C enters into a civil partnership with A and joins A and B in their jointly owned property. When the civil partnership dissolves, C might decide to claim a part of A’s share in respect of the property jointly owned by A and B. The court can seriously consider that especially if C developed part of the property,” she explained further.

Mugova posited that all marriages in Zimbabwe are potentially polygamous. She said possessing a marriage certificate does not necessarily mean one cannot marry someone else. “If the first wife does not agree with it, she has to make a decision because civil partnerships (small houses) are allowed by the law even though a civil partnership is not a marriage and therefore has  no requirement to be registered,” she said.

Mugova lit up the house when she revealed that a married woman can also have a side man with whom she has a civil partnership.

Another speaker, Bishop Mpala diametrically opposed the civil partnership aspect of the Marriage Act, calling it unbiblical and an affront to God’s original plan for humanity.

The man of the cloth postulated that the Act will prove destructive to the concept of family.

“I have observed that the ‘small house’  will always have an upper hand as they get preferential treatment. If a man has six children and ropes in a small house, the life of those children from the first wife are put in jeopardy in most cases,” thundered the preacher.

He also stressed that the Act promotes gender based violence as husbands tend to silence disapproving  wives by violence. 

Bishop Mpala took participants through bible scriptures to prove that the Marriage Act was not in conformity with the word of God. He cited Abraham’s marriage to Sarah which suffered turbulence  stemming from Abraham siring a child with Hagar, a maid.

“God never approved of Hagar as a ‘small house.’ When he was asking Abraham to sacrifice his child, he said ‘sacrifice to me your only son, Isaac,’ meaning God did not consider the small house’s child as legitimate,” said the Bishop who warned of more trouble emanating from the Act descending on marriages.

A participant concurred with Bishop Mpala, adding that the Act is likely to proliferate promiscuity. “I think this law promotes promiscuity as people are bound to seize on it for material gains,” they said.

“Small houses will mercilessly take everything and leave children of  the first wife to suffer,” weighed in another participant.

However, some participants approved of the marriage act citing various reasons.

“This Act is a good one. It may have its shortcomings but it appears to protect women who are used by men. The woman in a civil partnership has something/s tangible to salvage from the relationship,” opined one participant.

The new Marriage Act introduced civil partnerships, qualified civil marriages and also recognised unregistered customary law unions as marriage.