Bigamy vs Civil Partnerships in Zimbabwe: A Legal Perspective
FUNGAI CHIMWAMUROMBE AND NONTOKOZO MOYO
In Zimbabwe, the distinctions between bigamy and civil partnerships are crucial for understanding the law outlined in the Marriages Act [Chapter 5:17].
Both concepts relate to marital status but have very different legal implications and requirements.
Bigamy is the crime that is committed when a person who is legally married attempts or enters into a marriage with another person. The legal framework of this crime is outlined in the Marriage Act [Chapter 5:17] and the Criminal Law (Codification and Reform) Act [Chapter 9:23].
According to the Marriage Act, it is a criminal offense for someone who is already legally married to enter into another legally recognised marriage in Zimbabwe. If an individual is already married under a civil marriage, any subsequent marriage they enter into is considered null and void. It is to be noted that section 13 of the Marriages Act provides that there is no bigamy to talk about in a polygamous marriage that is the Customary law marriage.
It is to be noted that a civil partnership is not a marriage. A civil partnership is a legally recognized relationship between two individuals that provides certain legal rights and obligations similar to those of marriage. If a person who is already legally married in Zimbabwe enters into a civil partnership, he or she will not be committing any bigamy. This has been made so through the provisions of section 41 (6) of the Marriages Act.
The Criminal Law (Codification and Reform) Act defines bigamy as “being married to one person while still legally married to another.” The punishment for bigamy in Zimbabwe is up to 5 years imprisonment.
Overall, the Zimbabwean legal system takes a firm stance against bigamy to protect the institution of marriage and provide clarity around marital status and rights. Any person found to be engaging in bigamy can face serious criminal penalties.
Understanding the difference between bigamy and civil partnerships under the law is essential. While bigamy is an illegal act that results in the invalidation of the second marriage and carries criminal penalties, civil partnerships are a legitimate legal status offering an alternative to traditional marriage with its own set of rights and obligations. Both concepts play distinct roles in the legal landscape and have different implications for individuals seeking to formalize their relationships.
Fungai Chimwamurombe is a registered legal practitioner and Senior Partner at Zenas Legal Practice and can be contacted for feedback at fungai@ zenaslegalpractice.com and WhatsApp 0772 997 889.
Nontokozo Moyo can be contacted on moyonontokozo22@gmail.com, phone number +263 77 770 9303
