Child Marriages in Zimbabwe
Child marriages are also as early marriages.
Definition
“Any marriage carried out below the age of 18 years, before a boy/girl is
physically, physiologically and psychologically ready to shoulder the
responsibilities of a marriage and childbearing”.
In such cases, either one or both spouses could be below the age of 18 and the
marriage takes place with or without formal registration and under civil, religious, or
customary laws.
Child marriage affects both sexes, but girls are extremely affected as they are the
majority of the victims. Their overall development is compromised, leaving them
socially isolated with little education, skills and opportunities for employment and
self-realisation. Hence, child brides are more vulnerable to poverty as a
consequence of child marriages.
Reasons for early marriages
Poverty
Poverty is one of the major reasons for early marriage because when families are
very poor a young girl is considered to be an economic burden to the family. So
when they are married off it seems like reducing the burden on the family. For
example, in 2001, a 10 year old Zimbabwean girl was married off to a 40 year old
man in order in order for the family to obtain food. Many girls between 10 and 15
years have been married off for financial gain.
Beliefs
The value placed on virginity, marriage and the prevalence of HIV/AIDS are other
common factors why in most cases young girls are forced into early marriages. It is
probable that young girls are being forced into marriage with men twice or thrice their
ages because of ridiculous beliefs such as the fact that if an HIV positive man have
sex with a virgin he will be cured of his positive status as suggested by different
beliefs. Some men also believe that it is easy to control a young woman than an
elder one. The true reasons behind the practice are patriarchal power and control.
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Religion
Exploitation and abuse of children are also other reasons for early marriages by
people who hide behind religion and custom. In the Apostolic sect most men hide
behind prophecies and some usually abuse their position as prophets to hand-pick
girls for the elderly men and themselves in the church, who already have other
wives.
Impunity
Weak laws and inadequate implementation of the laws result in child marriages
being conducted with impunity. Those who advocate against child marriages argue
that the conviction rate in breach of the prohibitions against child marriage in most
countries is virtually nil. With regards the issues of child marriages in Zimbabwe,
some people have complained that police officers often turn a blind eye to cases of
child marriages and this also contributes to the prevalence of child marriages. It is
wrong to rape a young girl, impregnate her and then marry her after the fact so as to
avoid prosecution and still be protected by the law. Inconsistencies and legal
contradictions are rife in the institution of child marriage. While consensual sex with
girls below a minimum age constitutes statutory rape, the same act goes
unsanctioned by the protective mantle of “marriage”.
Tradition
The ICCPR Human Rights Committee’s General Comment 28 elaborates on the
obligation of the State in terms of equality of rights between men and women. It
states:
“Inequality in the enjoyment of rights by women is deeply embedded in
tradition, history, and culture including religious attitudes. States parties
should ensure that traditional, historical, religious and cultural attitudes are not
used to justify violations of women’s right to equality before the law and to
equal enjoyment of all Covenant rights”.
Teenage sex
Teenage pregnancy can be defined as ‘when a teenaged or underage girl, who is
usually between ages 13 to 19 years old, becomes pregnant’. Most young girls
nowadays are willing to engage in sex for various reasons such as the economic
benefit or just plain promiscuity and experimenting. In Zimbabwe, families value
marriage such that when a young girl falls pregnant, they prefer to marry-off her if the
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male counterpart accepts responsibility. In most cases, teenage pregnancies are
therefore one of the main causes of early marriages.
Prevalence
Child Marriages are prevalent among the ‘vapostori sect’ which is believed to
constitute approximately 1.2 million members in Zimbabwe. Johanne Marange, the
church founder, passed away in 1963, leaving 13 widows who were taken over by
his son Abel. The African Apostolic Church has gone a long way in addressing
Christianity in an African perspective and as an African initiated church, it has
Africans who leads it. As a Zionist type of church, strong emphasis is put on the
works of the Holy Spirit. Although they strongly believe in polygamy, this practice is
eroding the church membership due to AIDS pandemic.
The Holy Spirit is used as an intimidating tool, instilling fear in members not to do
certain acts as they are threatened with curses. The same Holy Spirit is used to
validate child marriages as the prophets would have been ‘directed’ by the Holy
Spirit to marry young girls. They also believe that girls should only have minimum
schooling, and, therefore, as soon as a girl reaches puberty they are married off.
NB: Child marriages are also common in secular groupings too.
International Human Rights Framework
The 1989 Convention on the Rights of the Child (CRC), also stipulates the right to
protection from traditional practices which are harmful to the health of children. The
CRC has been ratified by all countries with the exception of the United States and
South Sudan. A number of articles within the CRC have relevance to child marriage,
such as Article 3, which states that ‘in all actions concerning children... the best
interests of the child shall be a primary consideration’.
Question: Is marrying off a young girl of 10 years to a man triple her age in the best
interests of that child?
Marriage is regarded as a moment of celebration and a milestone in adult life but
early marriage gives no such cause for celebration. The imposition of a marriage
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partner on a child means that their childhood is cut short and their fundamental rights
are compromised. The “best interests of the child” principle in the CRC also provides
a basis for evaluating the laws and practices of States with respect to the protection
of children. To pursue the best interests of children, parents and governments are
responsible for protecting their children’s health, education, development and overall
well-being to the best of their capacities. Since child marriage harms the girl child’s
health, particularly her sexual and reproductive health, and often results in maternal
mortality and morbidity due to early pregnancies, States are obliged under the CRC
“to take all effective and appropriate measures with a view to abolishing traditional
practices which are prejudicial to the health of children”.
Article 19 of CRC provides for the right to protection from all forms of physical or
mental violence, injury or abuse, maltreatment or exploitation, including sexual
abuse, while in the care of parents, guardian, or any other person. Often a young girl
will be exposed to sexual activities before her body is fully developed and she is not
mentally prepared for it. Rape is not uncommon in these relationships and the
psychological effects are long lasting. Child marriage has negative effects on other
rights of the girl child, such as education and this leads to further problems in future.
CRC Articles 28 and 29 provide for the right to education on the basis of equal
opportunity. Once married young girls drop out of school and become full time
housewives or servants for their new husbands; this negatively impacts on the
community and society as a whole as well as the well-being of future generations.
This practice is also in direct conflict with the objectives of Millennium Development
Goals such as the promotion of basic education and the fight against poverty as well
as gender equality. Cutting off a young girl’s education has a drastic effect on her
employment opportunities in the future and this effectively undermines development
efforts in Africa. Women with primary education are significantly less likely to be
married or in matrimonial union as children than those who received no education. In
Zimbabwe, for example, 48% of women who had attended primary school had been
married by the age of 18 compared to 87% of those who had not attended school
who got married before the age of 18.
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Studies show a correlation between girls' educational levels and age at marriage:
Higher median age at first marriage directly correlates with higher rates of girls in
school. Conversely, getting and keeping girls in school may be one of the best ways
to foster later, chosen marriage.
Further Article 29 of the CRC states that:
“…the education of the child shall be directed to: The development of the
child's personality, talents and mental and physical abilities to their fullest
potential; The development of respect for human rights and fundamental
freedoms, and for the principles enshrined in the Charter of the United
Nations; the preparation of the child for responsible life in a free society, in the
spirit of understanding, peace, tolerance, equality of sexes, and friendship
among all peoples, ethnic, national and religious groups and persons of
indigenous origin.”
Child marriages can also expose children to sexual exploitation. CRC article 34
provides the right to protection from all forms of sexual exploitation and sexual
abuse, and Article 36 further states that the child has a right to protection from all
forms of exploitation prejudicial to any aspect of the child's welfare. Child marriages
are culturally packaged as a social necessity, but amounts to “socially licensed
sexual abuse and exploitation of a child.” It is one of the most persistent forms of
sanctioned sexual abuse of girls and young women.
The African regional human rights system also has a treaty specifically on the rights
of the child, the African Charter on the Rights and Welfare of the Child (ACRWC),
which was adopted on the 11th July 1990 and came into force on the 29th November
1999. Article 16(1) of the ACRWC states that:
“States Parties to the present Charter shall take specific legislative, administrative, social and
educational measures to protect the child from all forms of torture, inhuman or degrading
treatment and especially physical or mental injury or abuse, neglect or maltreatment including
sexual abuse, while in the care of a parent, legal guardian or school authority or any other
person who has care of the child.”
Article 1 of the African Charter also provides that states “shall recognize the rights,
duties and freedoms enshrined in this Charter and shall undertake to adopt
legislative or other measures to give effect to them.”
Article 4(2) of the Maputo Protocol on the African Charter on Human and People’s
Rights on the rights of women in Africa requires states parties to take appropriate
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measures to ensure the prevention, punishment and eradication of all forms of
violence against women and to punish perpetrators of violence against women.
The Convention on the Elimination of Discrimination against Women (CEDAW)
Article 16 (1) provides that men and women of full age have the right to marry and
found a family. They are entitled to equal rights as to marriage, during marriage and
at its dissolution. It further provides in Article16 (2) that marriage shall be entered
into only with the free and full consent of the intending parties.
The African Charter on the Rights and Welfare of the Child (1990), Article 21,
provides that child marriage and the betrothal of girls and boys shall be prohibited
and effective action, including legislation, shall be taken to specify the minimum age
of marriage to be eighteen years.
According to a UNICEF report in 2006, child marriage is a violation of human rights
whether it happens to a girl or a boy, but it represents perhaps the most prevalent
form of sexual abuse and exploitation of girls. The harmful consequences include
separation from family and friends, lack of freedom to interact with peers and
participate in community activities, and decreased opportunities for education. Child
marriages can also result in bonded labour or enslavement, commercial sexual
exploitation and violence against the victims. Because they cannot abstain from sex
or insist on condom use, child brides are often exposed to such serious health risks
as premature pregnancy, sexually transmitted infections as well as HIV/AIDS. They
are exposed to marital rape because in some cases very young girls are married
before menarche and are raped by their adult husbands. Such can cause
permanent, serious physical damage to the child, and one can only imagine the
accompanying mental agony. Even when girls have begun to menstruate, they are
still vulnerable to damage from penetration by an adult man.
While the saying is that “children are the future”, it is clear that children are also the
“present”. The future depends on children’s healthy development that happens
today. They are the most vulnerable and the most resilient, as well as the most
precious in society. In African society, as in many cultures around the world, children
are a gift and a means for parents to secure their own futures. In traditional African
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societies, children should be protected and supported, and assisted to reach their full
potential. However, child marriages point to a different set of values that are robbing
children of their future and committing them to a life sentence of misery and
suffering.
Child brides are frequently prone to domestic violence because the age difference
between them and their spouses emphasises the powerlessness of the girl child.
There is some empirical evidence that child marriage is associated with increased
risk of girl’s experiencing domestic violence and sexual abuse. In 2004, an
International Centre for Research on Women survey in the states of Bihar and
Jharkhand, India, found that girls who were married before 18 were twice as likely to
report being beaten, slapped, or threatened by their husbands than girls who married
later. They were also three times as likely to report being forced to have sex without
their consent in the first six months of their marriage.
The Convention on the Elimination of all forms of Discrimination against Women
Committee in its concluding observations in 1996 notes with concern the persistence
of behavioural attitudes in the society as well as cultural and religious practices
which, as recognized by the State party, which hamper the implementation of
children's rights. Early marriages were cited as one of those cultural practices that
hamper the full realisation of children’s rights in Zimbabwe. Zimbabwean authorities
are aware of the harmful custom of early marriage and have tried to take legislative,
judicial, or other measures to prevent this practice which subjects young women to
physical harm, sexual discrimination, and other human rights violations.
Question: Why should indulgence in sex with a 12 year old girl referred to as
statutory rape and yet when a girl the same age is married off to an older man the
state is not equally horrified even though that girl will be exposed to ‘marital rape’
Paradoxes and legal contradictions are rife in the institution of child marriage in
Zimbabwe as well as other countries. While consensual sex with girls below a
minimum age constitutes statutory rape, the same act with a similar aged girl goes
unsanctioned by the protective mantle of “marriage”. The synergy between human
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rights norms, constitutional principles of equality, and anti-discrimination norms and
domestic laws on freedom of marriage combine to influence child marriages.
It is all too apparent that the world is no longer short of declarations and treaties that
recognize human rights. What the world and not least the African region, is woefully
short of is the full realisation of children’s rights. The challenge now is to secure not
just the respect and protection, but the fulfilment of children’s rights guarantees.
Unless rights are fulfilled, they remain rhetoric at best.
Writing about international human rights law in Africa, Frans Viljoen mentioned that
“[t]he ultimate test of international human rights law is the extent to which it
takes root at the national level and its ability to flourish in the soil of states and
to bear fruit in the lives of people”
Zimbabwean Law
The practice of child marriages is one reflection of society’s negative attitude towards
women, revealing the fact that important decisions such as marriage, choice of
partner, and women’s sexuality are all controlled by others from an early age until old
age. At the core of the problem, was the continued recognition of customary law
alongside general law.
Zimbabwe as a state has the responsibility of changing customary practices that are
not in line with children’s human rights standards. Legal reform whilst useful is not
always effective because people do not easily give up on customs and traditions.
However, innovative ways including dialogue and awareness campaigns can be
adopted to change customs. Culture, customs, and traditions are never static in any
society but they are transformed by many influences and value systems. Human
rights norms can therefore impact and help to reinforce aspects of culture and
tradition that are positive, undermining those that contribute to violence against
women and infringement of their human rights such as child marriages. The
transformative nature of culture indeed suggests that values and norms on human
rights can be internalised in different societies in the same manner as have other
values been internalised over a period of time to become what are described as
“traditional cultural practices”.
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The new Constitution of Zimbabwe has brought about a new dawn for children’s
rights in the country. Section 78 (1) sets eighteen years as the minimum age of
marriage in Zimbabwe. In addition, Section 19 (1) of the new Constitution
encourages the Government of Zimbabwe to adopt policies and measures to ensure
that in matters relating to children, the best interests of the children concerned are
paramount. Furthermore, in terms of Section 19 (2) (c) the government must ensure
that children are protected from any form of abuse which include child marriages. In
its section 19 (3), the new Constitution of Zimbabwe reassures that the State must
take appropriate legislative and other measures to ensure that children are not
required or permitted to provide services that are inappropriate for their ages; or
place at risk their well-being, education, physical or mental health or spiritual, moral
or social development. Section 81 (1) further reiterates that every child, that is to say
every boy and girl under the age of eighteen years, has the right to be protected from
economic and sexual exploitation any form of abuse and that a child’s best interests
are paramount in every matter concerning the child.
In addition, Section 56 prohibits discrimination on the basis of gender. However, in
Zimbabwe, according to Section 22 of the Marriages Act the minimum marriageable
age for girls is sixteen and eighteen for boys. This law was clearly discriminatory as it
treated girls differently from boys. Therefore in terms of the current law in Zimbabwe,
no boy under the age of eighteen years and no girl under the age of sixteen years
shall be capable of contracting a valid marriage except with the written permission of
the Minister of Justice, which he may grant in any particular case in which he
considers such marriage desirable. In Zimbabwe, the protection against child
marriages was only extended to boys in the Marriages Act. This provision setting the
minimum age of marriage at 18 for boys exposes girls to manipulation. Customary
marriage is recognised under the Customary Marriages Act, but does not provide for
a minimum marriage age for either boys or girls. However, the Section has been
struck down as invalid due to its inconsistence to the 2013 Constitution of Zimbabwe
in Mudzuru case.
The Criminal Codification Act Section 70 criminalizes sexual activity with a young
person (under 16); and a minor (under 12) is deemed “incapable of consenting to
sexual intercourse or a sexual act”. The Children’s Act defines a: minor as “a person
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under the age of eighteen years”; and young person as “a person who has attained
the age of sixteen years but has not attained the age of eighteen years”. The reason
why Zimbabwe has two legal systems is because the British colonialists made
general law the official law of the land but continues to recognise customary law in
matters relating to the family, such as marriage and the administration of property.
On the 20th January 2016, the Constitutional Court of Zimbabwe handed down a
landmark ruling in the case of Loveness Mudzuru and Ruvimbo Tsopodzi vs.
Minister of Justice, Legal and Parliamentary Affairs NO; Minister of Women’s
Affairs, Gender and Community Development; Attorney General of Zimbabwe
CC2 12/2015
The applicants were seeking declaratory orders on:
1. The minimum age of marriage.
2. That no person can enter into a marriage or union before the age of 18.
3. The unconstitutionality of Section 22 (1) of the Marriage Act (Chapter 5:11).
4. That the Customary Marriages Act (Chapter 5:17) is unconstitutional in that it
does not provide for a minimum age limit of eight (18) years in respect of any
marriage conducted under the same.
The Constitutional Court made the following orders:
1. It is declared that section 78 (1) of the Constitution of the Republic of
Zimbabwe Amendment (No 20) 2013 sets eighteen years as the minimum
age of marriage in Zimbabwe.
2. It is further declared that section 22(1) of the Marriage Act (Chapter 5:11) or
any other law, or custom authorising a person under eighteen years of age to
marry or to be married is inconsistent with the provisions of section 78 (1) of
the Constitution and therefore invalid to the extent of the inconsistency. The
law is hereby struck down.
3. With effect from 20 January 2016, no person male, or female, may enter into
any marriage, including an unregistered customary law union or any other
union including one arising out of religion or religious rite, before attaining the
age of eighteen (18) years.
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Furthermore, the Customary Marriages Act did not provide a minimum marriageable
age and has therefore been abused. There have been calls from the women’s
movements in Zimbabwe for the government to harmonize the marriage laws in the
country in order to rectify the discrepancies. However, with effect from 20 January
2016, no person male, or female, may enter into any marriage, including an
unregistered customary law union or any other union including one arising out of
religion or religious rite, before attaining the age of eighteen (18) years. Section 78
(1) sets the minimum age of marriage at 18 years.
In many African societies, men are expected to control women in all aspects of
relationships. This involves decision-making on when and whom a girl/woman will
marry, and when and how she will have sexual relations. However, the cultural
beliefs that promote early marriages, even to the extent of marrying off young girls to
rapists, should be abolished. Marrying off a young girl to her rapist because he has
offered to marry her is exposing that child to re-victimisation, and it amounts to cruel
inhuman and degrading treatment. Child marriages are often used to legitimize a
range of forms of sexual violence against women. Marrying the victim is often a
strategy employed by the rapist to ensure that he is exonerated for his crimes.
However, one of the psychologists stated that:
"A woman should never marry her rapist. Rape is a big trauma and the victim
requires intensive therapy to get out of it. Some people get married because
of their insecurity and the stigma that no one will marry them. But these girls
barely forgive the rapist."
She went on to add that:
"Also, you cannot completely ignore the psychological status of the man.
Someone who can commit such a heinous crime has something incorrect in
his character and such marriages can never work. It could lead to more
violence”.
Therefore, any decision made by the family on behalf of a child must be done to
enhance the growth and development of the child. Marrying off a young girl to her
rapist cannot possibly ensure the healthy growth of the girl child.
Strategies to end child marriages
Amendment of the Law
The combined strength of the women’s and children’s movements should be directed
to the realisation that child marriages, constitute the most serious forms of child
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abuse especially on the girl child. Litigation and the constitutional making process
can be used to ensure that there is harmonization of laws, and that the Customary
Law Marriages Act specifies marriage age in line with other statutes such as the
Marriages Act. Introducing laws to raise the legal age of marriage to 18 years, as
agreed in the African Charter on the Rights and Welfare of the Child, would be
another useful legislative step as have been just done. Certainly, raising the
awareness of all stakeholders, including parents on the negative impacts of child
marriage can have a positive impact and compliment legal reform.
Litigation
Law reform has the potential to review local traditions and customs in light of
international standards. Article 2(f) and 5(a) of CEDAW are premised on the notion
that where cultural constraints on gender hinder the achievement of women’s
equality, it is the cultural practice that must give way. In Smt. Seema v. Ashwani
Kumar, a private matrimonial case, the Court issued an order making registration of
all marriages mandatory. The Court placed on record the National Commission on
Women’s recommendations for the compulsory registration of marriage and directed
the central and state governments to develop procedures for marriage registration
and for the appointment of official to register all marriages in India. In the famous
Velasquez - Rodriguez case, the Inter-American Court of Human Rights held that
States have an affirmative legal obligation to investigate and prosecute rights
violators including private persons who are not agents of the government. The court
also held that the government must compensate victims of rights violations. This
norm can be used creatively by children and women’s rights advocates to hold the
State responsible for private acts of discrimination and violence such as child
marriage.
Internal discourse and Cross Cultural Dialogue
The international human rights framework has been put in place with clear guidelines
to prevent child marriages, but still child marriages continue to occur. The reason for
this is the illusiveness of universal normative consensus in view of the diversity of
cultural and contextual realities which condition people’s beliefs and behaviour in
daily life with respect to the rights of the child. Although clearly distinguishable from
each other, human cultures are also characterised by their own internal diversity,
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propensity to change, and mutual influence. These characteristics can be used to
promote normative consensus within and among cultures through processes of
cultural transformation. Therefore, it is possible to change the harmful cultural or
religious practice of child marriages through cultural transformation.
Non-governmental organisations can influence the adoption of alternative
perspectives on the child marriages through internal discourse. They may be viewed
as outsiders, but they can still influence culture by engaging in their own internal
discourse thereby enabling participation in one culture to point to similar processes
elsewhere in other cultures. NGOs can also support the rights of children and
women who are involved in the practice by encouraging them to challenge the
prevailing status quo or perceptions whilst at the same time avoiding overt
interference because this will undermine the credibility of internal actors. This is a
strategy that can be used to deal with the vapositori sects because they are a much
closed group that doesn’t take kindly any external interference especially when these
challenge their beliefs. It might be possible to find members of the sect who do not
particularly agree with this practice and they can themselves challenge the prevailing
perceptions.
NGOs can also initiate cross cultural dialogue to exchange insights and strategies of
internal discourse. Cross cultural dialogue can seek to promote universality by
highlighting moral and philosophical commonalities of human cultures and
experiences. Sharing insights and ideas or experiences will over time help to
mediate cultural and contextual differences and thereby produce common standards
on the principle of the best interests of the child. The best way to combat the norms
of cultural relativity is to challenge its basis in the consciousness of the relevant
people. In this case the communities that are still carrying out child marriages in
Zimbabwe.
Advocacy
There is need for an advocacy campaign to end child marriages in Zimbabwe which
involves the different organisations working on children rights as well as the relevant
government officials and the police force. The aim of the campaign will be to end
child marriage in Zimbabwe by showing that it is detrimental to the health and
wellbeing of the girl child. This maybe a better approach than litigation as it attempts
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to change the attitudes and mindset of the nation. Following the technical
consultation by the Forum on the Rights of Women and Girls on early and forced
marriage held in Ouagadougou, October 2003, participants drew up a declaration,
stating:
“• We call on governments and international development agencies to
recognize the efforts being made by civil society organizations in addressing
the concerns and situation of girls and women affected by child marriages by
providing the necessary support and resources to respond to the challenges
posed by child and forced marriages.
• That our governments and the African Union adopt a clear and unambiguous
position on child and forced marriages and rectify the legislative loopholes
between religious, customary and civil marriages, and sign the Protocol to the
African Charter on Human and People’s Rights on the Rights of Women in
Africa and ensure that special measures are taken to help end this practice.”
Therefore, governments including that of Zimbabwe are encouraged through
advocacy work to adopt a clear and unambiguous position on child and forced
marriages and rectify the legislative loopholes between religious, customary and civil
marriages. However, above and beyond taking the liberal approach, an advocacy
campaign is needed to effectively deal with the attitudes and beliefs of the people
who practice child marriages for whatever reason.
Creating safety nets for girls and young women who escape a forced, and often
violent, marriage will help to save the life of that child. Creating and maintaining birth,
death and marriage data registries with full national coverage in all countries as
recommended in the Pinheiro report on violence against children (2006).
Non-governmental organisations should write shadow reports on the country’s
compliance with CEDAW and CRC showing how the government is performing when
it comes to reducing child marriages. Further they should assess the role of
customary and religious laws that condone child marriage and promote dialogue with
traditional and religious leaders to identify practical ways to reduce child marriage.
Education and Training
There are a number of key activities that may assist with changing attitudes such as
training the key government officials, judiciary, law enforcement officers and policy
makers, at all levels, on the law and related gender equity and human rights to
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support the effective implementation and enforcement of the law and policies on
child marriages.
Support awareness raising and public education programmes about the negative
effects of child marriage, and related human rights of girls and women, to help
change attitudes, and strengthen duties of parents, guardians and the community to
protect vulnerable girls.
Promote and protect the sexual and reproductive health and rights of girls and young
women, through legislation, availability of services and information and community
outreach.
Promoting gender equality and the right of girls and young women to education and
choice in marriage is important. The state must have an obligation under the
Education Act to put in place mechanisms to ensure that all children are attending
school. The Education Act recognises that all children have a fundamental right to
education. It should be made an offence for parents or ‘husbands’ to keep children of
school going age at home as spouses.
Important Questions to be asked.
1. What reasons can be attributed to the perpetuation of this harmful practice in
Zimbabwe?
2. Are the laws that govern marriages in Zimbabwe inadequate and if so how?
3. Do we have an enforcement problem in this country since the police appear to
turn a blind eye to such activities?
4. Is litigation the best way to solve the problem or are there wider social justice
issues that need to be addressed to ensure that this practice is effectively
eradicated?
5. Is it that there is need for a multi-pronged approach to tackle the problem
where litigation will only be one of the approaches, and where a large
advocacy campaign may be necessary to deal with attitudes and beliefs?
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