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Constitutionality of Statutory Provisions re: Marriage Laws

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

MERITSThe respondents' case, on the merits, is that section 78(1) of the Constitution does not set the age of eighteen years as the minimum legal age of marriage. They argued that section 78(1) of the Constitution gives a person who has attained the age of eighteen the “right to found a family.” The subsection ...
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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

Surprisingly, counsel for the respondents sought to justify marriage under section 22(1) of the Marriage Act [Chapter 5:11] on the ground that a girl physiologically, psychologically, and emotionally matures earlier than a boy. The contention is without scientific evidence to support it. The Zimbabwe Human Rights Bulletin Number 98, August 2014 states that the reason ...
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