The aftermath of Mudzuru & Another v The Minister of Justice, Legal and Parliamentary Affairs & Others: Legal mechanisms as tools against child marriage in Zimbabwe

Abstract

This article examines the recent ruling of Mudzuru & Another v The Minister of Justice, Legal and Parliamentary Affairs & Others regarding the harmful practice of child marriage and the impact of the role of the courts and other legal instruments as mechanisms to curb the vice in Zimbabwe. Despite the variety of international, regional and domestic laws protecting children, child marriage remains a recurring practice in Zimbabwe. This article therefore examines the practice of child marriage, which is often done under the pretext of culture and religion, and considers the question of whether the landmark ruling and legal instruments imposing obligations on Zimbabwe have had an impact inter alia on the protection of child rights against harmful practices and, more importantly, in combating the scourge. On the one hand, the article finds that legal means play a very important role in combating the vice. On the other, it also finds that there is no single strategy to combat the recurring practice of child marriage in the country. Hence it is paramount that any strategy which seeks to deal with the harmful practice of child marriage must include both legal and non-legal mechanisms. This is because the harmful practice is reinforced by deep multifaceted and interrelated factors beyond the merely legal inconsistencies that existed in the legislative framework.