prohibits an employer from requiring any person to undergo HIV testing as a precondition for recruitment. The Act domesticates specific aspects on the Maputo Protocol
as it relates to HIV/Aids issues.
Trafficking in Persons Act 2015
17.
This Act is the domestication of aspects of the Palermo Convention and its Protocols and
provides a solid legal regime against trafficking in persons. It provides for the three P’s
namely, Prevention, Protection and Prosecution. The penalties for trafficking in persons
include 14 years jail term and 21 years in the case of child victims.
Marriage Divorce and Family Relations Act 2015
18.
The Act domesticates aspects of CEDAW, African Charter and Maputo Protocol. It
makes provision for marriage, divorce and family relations between spouses, unmarried
couples, their welfare, maintenance and that of their children and for connected matters.
The Act has revolutionalized the law on marriage and divorce with emphasis on the rights
and equality of spouses.
19.
Section 12 recognises the following marriages, a civil marriage whereby one declares
marital status prior to marriage, a customary marriage accorded with customs and rites of
religious body, sect, denomination or ethnic groups, marriage by repute or permanent
cohabitation which shall only be recognized upon a finding of a court of competent
jurisdiction.
20.
The Act also provides for offences such as polygamy and bigamy under section 51,
marriage ceremony with a married person under section 52, making false declaration in
relations to marriage using a certificate, permit, license document or statement by law for
the purpose of marriage as stipulated in section 53 and personating in marriage by
impersonating another person in entering marriage or marries under a false name or
description with intent to deceive the other party to the marriage as indicated in section
57.
21.
The Act provides for matters related to divorce under section 74 highlighting equitable
division and re-allocation of property upon dissolution of marriage taking into account
5