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Constitutional Rights re: Marriage Rights, Gender Equality, Parental or Guardianship Rights & Institution of the Family

HH39-09 : WARREN PARK TRUST vs ANTHONY PAHWARINGIRA and NTOMBIZODWA PAHWARINGIRA and DAVY MUTINGWENDE and CHIPO MUTINGWENDE and SALTANA ENTERPRISES PL
Ruled By: BHUNU J

The first and second respondents are husband and wife. The same applies to the third and fourth respondents.At the commencement of this hearing, the first and third respondents requested that their wives be excused from the hearing and that they be allowed to represent and speak on behalf of their ...
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CC12-15 : LOVENESS MUDZURU and RUVIMBO TSOPODZI vs MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS N.O and MINISTER OF WOMEN'S AFFAIRS, GENDER & COMMUNITY DEVELOPMENT and ATTORNEY GENERAL OF ZIMBABWE
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC and GUVAVA JCC

The two applicants are young women aged 19 and 18 years respectively. They have approached this Court in terms of section 85(1) of the Constitution of the Republic of Zimbabwe Amendment (No.20) 2013 (“the Constitution”) which came into force on 22 May 2013. They complain about the infringement of the fundamental rights of girl ...
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HHH47-16 : THE STATE vs SHEPHERD BANDA and EVERTON CHAKAMOGA
Ruled By: CHAREWA J and TSANGA J

Section 78(1) of the Constitution proscribes marriage for persons under 18, providing as it does, that only persons who have attained 18 years of age can found a family.
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HH174-16 : BASIL MAKURURU vs DERICK VORI
Ruled By: MWAYERA J

Adultery is still a recognised ground of divorce in the Matrimonial Causes Act. Section 5(2)(b) reads:“Subject to subsection (1) and without prejudice to any other facts or circumstances which may show the irretrievable breakdown of a marriage, an appropriate court may have regard to the fact that; (b) The defendant ...
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HH399-18 : AMON MAPIYE vs INNOCENT MUDYIWA
Ruled By: NDEWERE J

We have a Constitution which protects the institution of the family. Section 25 of the Constitution of Zimbabwe Amendment (No.20) of 2013 provides as follows:“The State and all institutions and agencies of Government, at every level, must protect and foster the institution of the family…,..”The judiciary is one such State ...
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Appealed
SC188-20 : GERALD CHIGWADA vs PENELOPE CHIGWADA and SHEPHERD KUSADA N.O. and MASTER OF THE HIGH COURT
Ruled By: MALABA CJ, GARWE JA, MAKARAU JA, GOWORA JA and BERE JA

This is an appeal against the whole judgment of the High Court.The question for determination is whether the law governing the property rights of married persons, or the law of testamentary disposition of estates, binds a testator to bequeath his or her right in an estate to the husband or ...
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HH404-16 : STANCILOUS MAJURU vs ESTATE LATE CAROLINE MAJURU and DARLINGTON MUCHENJE and FAITH MUNJERI and GODWIN MUNJERI and MASTER OF HIGH COURT N.O.
Ruled By: MWAYERA J

The Constitution makes it clear that in the spirit of protection of marriages and family the spouses have equal rights and obligations during marriage, upon divorce, and at death.Section 26(c) and (d) of the Constitution of Zimbabwe Amendment (No.20) Act 2013 is instructive it states that:“The State must take appropriate ...
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SC94-20 : ZIMBABWE HOMELESS PEOPLE'S FEDERATION and OTHERS vs MINISTER OF LOCAL GOVERNMENT AND NATIONAL HOUSING and ZVIMBA RURAL DISTRICT COUNCIL and LEENGATE PL and MINISTER OF LANDS
Ruled By: PATEL JA, MAVANGIRA JA and MATHONSI JA

Section 25 of the Constitution enjoins the State and its institutions and agencies, inter alia, “to protect and foster the institution of the family.”...,.In furtherance of the institution of the family, in conformity with section 25 of the Constitution, it would be more practicable and preferable for the minor appellants ...
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CC20-20 : MATHEW SOGOLANI vs MINISTER OF PRIMARY AND SECONDARY EDUCATION and HEADMASTER, MASHAMBANHAKA SECONDARY SCHOOL and HEADMASTER, CHIZUNGU PRIMARY SCHOOL and ATTORNEY-GENERAL OF ZIMBABWE
Ruled By: MALABA CJ, GWAUNZA DCJ, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC, MAVANGIRA JCC, BHUNU JCC and UCHENA JCC

This is an application made in terms of section 85(1)(a) of the Constitution of Zimbabwe Amendment (No.20) Act, 2013 (“the Constitution”) for appropriate relief based on a freedom of religion claim.The application raises questions of the constitutionality of the policy and the actions of the education authorities of compelling school ...
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CC20-20 : MATHEW SOGOLANI vs MINISTER OF PRIMARY AND SECONDARY EDUCATION and HEADMASTER, MASHAMBANHAKA SECONDARY SCHOOL and HEADMASTER, CHIZUNGU PRIMARY SCHOOL and ATTORNEY-GENERAL OF ZIMBABWE
Ruled By: MALABA CJ, GWAUNZA DCJ, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC, MAVANGIRA JCC, BHUNU JCC and UCHENA JCC

APPLICATION OF THE LAW TO THE FACTSThe Applicant and His ChildrenThat recitation of the pledge is made compulsory in schools has not been disputed by the respondents. The applicant, in his founding affidavit, made a positive allegation to the effect that he had been informed that his children were required ...
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Appealed
SC89-20 : GOVATI MHORA vs EMMACULATA MHORA
Ruled By: HLATSHWAYO JA, BHUNU JA and UCHENA JA

This is an appeal against part of the judgment of the High Court upholding the respondent's claim of a 50% share of an immovable property registered in the appellant's name pursuant to the distribution of property upon divorce.THE FACTSThe appellant and respondent were married in 1970 in terms of an ...
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HH446-18 : EMMACULATA MHORA vs GOVATI MHORA
Ruled By: CHIRAWU-MUGOMBA J

Section 3(1)(g) of the Constitution, under founding values and principles, states that Zimbabwe is founded on, among other values and principles, that of gender equality.In section 26(c) and (d) of the Constitution, the State is called upon to take appropriate measures to ensure that there is equality of rights and ...
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HH37-16 : GEORGINA NJODZI vs LORRAINE MATIONE
Ruled By: MWAYERA J

This matter concerns the status of adultery damages in Zimbabwe in the 21st century. The main issue is whether or not the common law delictual claim for adultery damages is constitutional or unconstitutional.The plaintiff is married to Lawrence Muzvondiwa in terms of the Marriages Act [Chapter 5:11].From about 2012, it ...
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HH76-09 : TIMOTHY CHINYADZA vs MELTON PHIRI
Ruled By: KUDYA J

On 19 September 2008, the plaintiff issued summons out of this court seeking $50 million for adultery damages against the defendant. The defendant denied the allegations in his plea filed of record on 17 December 2008.At the pre-trial conference held on 19 May 2009, the amount claimed was amended, by ...
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HH668-14 : ELIZABETH TANYANYIWA vs LINDIWE HUCHU
Ruled By: CHIGUMBA J

Adultery is defined as "sexual intercourse between two persons of whom one or both are married but who are not married to each other":Sapsford v Sapsford and Furtado (1954) 2 All ER 373; P.M. BROMLEY and N.V. LOWE, Family Law, London, 7th ed. 1987…,; see also S.A. ADESANYA, Laws of ...
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HH333-13 : GIVEMORE SAMBADZI and SALATIEL NHUBU vs REGISTRAR OF DEEDS
Ruled By: BHUNU J

The facts that gave rise to this dispute are as follows:In January 2010, the first applicant, Givemore Sambadzi, purchased certain immovable property known as Stand 2048 Chadcombe Township of Stand 1257 Chadcombe Township from one Charity Nyarai Mupaya and a Deed of Transfer was made in his favour.In November 2010, ...
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HH955-15 : SAMUEL UNDENGE vs BONGANI UNDENGE
Ruled By: MAKONI J and MWAYERA J

The appeal is against the entire judgment of the court a quo wherein the court ordered, that, the appellant pays maintenance in the sum of $350 per month until the respondent becomes self-supportive. The appellant raised grounds of appeal as follows:“1. The learned magistrate erred and misdirected herself in awarding ...
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SC105-21 : WALTER MAGAYA vs ZIMBABWE GENDER COMMISSION
Ruled By: GOWORA JA, PATEL JA and UCHENA JA

The appellant is a clergyman of the Prophetic Healing and Deliverance Ministries, commonly known as the PHD Ministries.The respondent is the Zimbabwe Gender Commission (“the Commission”), an independent commission provided for in accordance with section 245 of the Constitution and established as a body corporate in terms of section 2 ...
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SC130-21 : PHILIPPA COUMBIS vs RONALD COUMBIS and DOVES FUNERAL ASSURANCE (PVT) LTD
Ruled By: GARWE JA, GOWORA JA and UCHENA JA

This is an appeal and cross-appeal against parts of the judgment of the High Court dated 4 September 2014 granting a decree of divorce and ancillary relief for and against the appellant (the plaintiff in the court a quo and the appellant in this appeal) and the cross-appellant (the defendant ...
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SC131-21 : CHANTELLE MUTESWA vs FRANK BUYANGA SADIQI
Ruled By: UCHENA JA, CHITAKUNYE JA and KUDYA JA

This is an appeal against the judgment of the High Court dated 18 March 2020 in which it granted to the respondent joint custody and joint guardianship of the minor child.In the same order, the court a quo, thereafter, ordered that an investigation be conducted by the Department of Social ...
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CC13-21 : ZIMBABWE WOMEN LAWYERS ASSOCIATION vs THE MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS and OTHERS
Ruled By: GARWE JCC, MAKARAU JCC and GOWORA JCC

This is an application for an order of leave for direct access to the Constitutional Court (“the Court”) in terms of section 167(5) of the Constitution of Zimbabwe Amendment (No.20) Act 2013 (“The Constitution”) as read with Rule 21(2) of the Constitutional Court Rules SI 61 of 2016 (“the Rules”).In ...
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CC03-22 : DIANA KAWENDA vs MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS and MINISTER OF HEALTH AND CHILD CARE and THE ATTORNEY-GENERAL OF ZIMBABWE
Ruled By: MAKARAU JCC, HLATSHWAYO JCC and PATEL JCC

In the matter of Mudzuru and Another v Minister of Justice, Legal and Parliamentary Affairs 2016 (2) ZLR 45 (CC)..., child marriages were outlawed....,.The Court held that:“The effect of section 78(1) as read with section 81(1) of the Constitution is very clear. A child cannot found a family. There are ...
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CC05-22 : GOVATI MHORA vs EMMACULATA MHORA
Ruled By: PATEL JCC

This is a chamber application for condonation and extension of time within which to file an application for leave to note an appeal against the decision of the Supreme Court under judgment number SC89-20.The instant application was made pursuant to Rule 35 of the Constitutional Court Rules 2016.The applicant craves ...
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HH335-14 : ZUWA DAMSON vs LINCOLN USHAMBA
Ruled By: TSANGA J

This urgent application turned upon the issue of whether an order of maintenance from the Magistrate Court, that is currently pending review, can be varied, even provisionally, by the High Court through an urgent chamber application.My immediate legal view was that this was not possible.However, since the parties were self-actors, ...
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