
There has been pandemonium in the country regarding the import of the Marriages Bill which was approved by the Cabinet in 2017.
After spirited efforts by every person in Zimbabwe cabinet ordered the offending section 40 to be scrapped.
“In light of our own Cultural and Christian values Cabinet resolved that it be removed.” – Attorney General, Prince Machaya said after the cabinet sitting yesterday.
While the bill as a whole carried good intentions it introduced section 40 which was pervasive.
It allowed partnership outside marriage by both parties. It went further to give the side kick rights into the property which was acquired during the subsistence of the marriage. This meant that prostitute who had one night stint could claim benefits from the matrimonial properties. This was repulsive and the Zimbabwean populace was shocked.
Its main objectives are highlighted in the preamble but protest has been raised regarding this particular object – the recognition of civilpartnerships.
Sentiments expressed in the mainstream and social media suggest that the Bill is a threat to the very existence of the marriage institution, particularly the rights flowing from the civil marriage sanctioned under the Marriage Act [ Chapter 5:11], which is monogamous.
Further argument has been suggested that it affords rights and protection to “concubines” or “small houses”thereby eroding the monogamous nature of the civil marriage and would result in ladies or men targeting rich spouses for personal enrichment. It again eroded the significance of Marriage on the country.
Religious organisations had launched unrelated attacks on the bill there was no church service which ended without giving a scathing attack to the bill.
The cabinet considered that even some foreign cultures will frown at such obscene section.
In a show of sanity and cultural awareness the cabinet shot down the offending sections steering the nation back to its cultural pride.
Cabinet has withdrawn a clause in the Marriages Amendment Bill that provides for “civil partnership,” saying such a union was alien and not consistent with the country’s cultural and Christian values.
The proposed new marriage law has courted controversy, with various interpretations of it and questions as to whether it would not undermine the family unit and traditional marriage institution.
It was also construed that the new law would empower “small houses”, a colloquial term for extra-marital or unrecognised unions.
“Cabinet members sought clarification from the Minister of Justice, Legal and Parliamentary Affairs on the import of Section 40 of the Marriages Amendment Bill currently before Parliament,” Information, Publicity and Broadcasting Services Minister Monica Mutsvangwa said while addressing journalists on the 27th Cabinet Decision Matrix.
“Following the explanation by the Minister, Cabinet observed that the concept of a “civil union” or “partnership” is foreign and not consistent with Zimbabwe’s cultural norms as well as its Christian values.
Accordingly, Cabinet directed that Section 40, which bears reference to “Civil Partnerships” be removed forthwith from the proposed Marriages Amendment Bill,” said Minister Mutsvangwa.
Section 40 of Marriages Amendment Bill provided as follows: “A relationship between a man and a woman who — (a) are both over the age of eighteen years; and (b) have lived together without legally being married to each other; and (c) are not within the degrees of affinity or consanguinity as provided in Section 7; and (d) having regard to all the circumstances of their relationship, have a relationship as a couple living together on a genuine domestic basis; shall be regarded as being in a civil partnership for the purposes of determining the rights and obligations of the parties on dissolution of the relationship and, for this purpose, sections 7 to 11 of the Matrimonial Causes Act [Chapter 5:13] shall mutatis mutandis apply on the dissolution of any such relationship.”
The withdrawal of the clause means Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi who is expected to steer the Bill in Parliament will now propose the deletion of the contentious provision at Committee stage.