Prisca Mupfumira, the ZANU PF Senator for Mashonaland West province, asserts that girlfriends of married men, colloquially known as “small houses,” should not receive benefits from a deceased estate to the detriment of the deceased’s spouse.
As of 2022, the Marriages Act (Chapter 5:15) acknowledges ‘civil partnerships’—unions between a man and a woman who cohabit without the customary payment of lobola—and grants property rights to the individuals in such relationships.
During a Senate debate initiated by Mashonaland West Senator Bybit Lydia Tsomondo, Mupfumira emphasized that “small houses” should not automatically inherit from a deceased estate solely based on cohabitation. She said (via The Sunday Mail):
You find that sometimes some girlfriends end up benefitting. It might be because the husband was cohabitating with a girlfriend for three months and you find such a woman benefitting…Because he died while staying with a small house, she ends up taking everything.
The Marriages Act, which was promulgated in May 2022 and took effect in August 2022, repealed both the Customary Marriages Act (Chapter 5:07) and the Marriage Act (Chapter 5:11). Now, there is one comprehensive law governing all marriages in Zimbabwe.
Here are the salient points to note from the Marriages Act:
1. AGE OF MARRIAGE
The minimum age of marriage is 18 years for both girls and boys. It is, therefore, a crime to marry off a child and anyone involved in that will be prosecuted. It is a substantial crime if the parents or guardians are involved.
2. CONSENT
There must be free and full consent from anyone wanting to get married.
3. TYPES OF MARRIAGES:
a). A civil marriage is a monogamous marriage between a man and a woman.
b). A registered customary marriage is potentially polygamous and done according to customary rites.
c). A qualified marriage is a union contracted according to religious rites which is not registrable as civil or customary marriage and is potentially polygamous.
A registered customary law marriage may be converted to a civil marriage.
4. UNREGISTERED CUSTOMARY LAW UNIONS (KUBVISIRANA PFUMA)
- Unregistered customary law unions are not recognised marriages
- Unions contracted after the new ACT must register within 3 months of the date of the union.
- However, unions that existed before this ACT must be registered within 12 months.
- Failure to register does not invalidate the union, guardianship, custody and the rights of succession of children in such a marriage. (limited recognition).
5. CIVIL PARTNERSHIP (KUBIKA MAPOTO)
It is not a marriage but recognised ONLY for purposes of property sharing It is a relationship of a man and a woman above the age of 18 years living together on a genuine domestic basis It can co-exist with any other marriage including a Cavil marriage.
6. EQUAL STATUS OF ALL MARRIAGES
All marriages are equal. there is no marriage superior to the other.
7. LOBOLA
For customary law marriages, the agreement relating to lobola or marriage consideration is necessary. Customary law formalities are a prerequisite.
8. EQUAL RIGHTS
Parties to a marriage have equal rights and obligations during the subsistence of the marriage and at its dissolution.
9. MARRIAGE OFFICERS:
a. Magistrates
b. Ministers of religion
c. Chiefs (they solemnise customary marriages)
d. Heads of embassies
10. DIVORCE LAW (MATRIMONIAL CAUSES ACT)
The law on divorce applies to all types of marriages and civil partnerships but does not apply to unregistered customary law unions.
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