with a comprehensive and consolidated piece of legislation that
addresses all matrimonial issues.
8.3
The Deeds Registries Act 107stipulates that married women have
the right to acquire and register property in their own names; The
Marriage Act108 provides that marriage in Zimbabwe is out of
community of property, meaning that parties can legally own
property individually but also can decide to jointly own property
which is then dealt with as matrimonial property;
8.4
The Administration of Estates Act109 protects surviving spouses in
the event of death. The Matrimonial Causes Act 110protects the
rights of women and children upon divorce.
Judicial Measures
8.5
The Constitutional Court of Zimbabwe, in a landmark ruling in the
case of Mudzuru and Tsopodzo v Minister of Justice, Legal and
Parliamentary Affairs and Others111, proscribed child marriages and
clarified that persons below the age of 18 cannot enter into a
marriage recognised at law, neither could parents or guardians
sanction such a union as was the case prior.
8.6
In another case, Margaret Dongo v The Registrar General112, the
court ruled that Zimbabwean women are now in a position to
107
Chapter 20:05
108
Chapter 5:11
109
Chapter 6:01
110
Chapter 5:13
111
CC 2016
112
CITATION
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