A High Court judge says all marriages must be registered to create a countrywide database to reduce bigamy. Justice Sylvia Chirawu-Mug...
A High Court judge says all marriages must be registered to
create a countrywide database to reduce bigamy.
Justice Sylvia Chirawu-Mugomba said this can be done with
technology. “Every marriage officer must be mandated to search the database
whether or not the person intending to marry is free from other legal
impediments.
“Additionally, or alternatively, every person who intends
to marry must produce a certificate of ‘present status’ obtained from the
Registrar of Marriages as a form of clearance.”
The judge made the remarks while handing down judgment in
the case in which a widow, Ms Susan Mobape, was suing Master of the High Court
Mr Manyadzwa Kamuchira N.O. and Ms Cynthia Chaitezvi, over maintenance from the
deceased estate.
Ms Mobape had approached the High Court seeking a review of
the Master of High Court’s decision to dismiss her application for maintenance
in the estate of her late husband Lovemore Mobape.
She was asking for a combined US$1 380 maintenance to cover
herself for groceries, salaries for drivers, two security workers, church
meetings, car maintenance and licensing fees.
The couple had lived together as husband and wife for 42
years under unregistered customary law union until the demise of the former in
November 2017. During the subsistence of their unregistered customary law
marriage the couple had founded a church, New Gospel Church of God. But at the
time of his death, Mr Mobape was still married to Ms Chaitezvi under civil law
(Marriage Act (Chapter 5: 11).
The Master of the High Court had ruled that Ms Mobape was
not entitled to an award of maintenance from the deceased estate in question.
Justice Chirawu-Mugomba upheld the decision by the Master
of High Court saying Ms Mobape was not qualified to be a dependent in the
estate of the deceased.
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