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Nqobile Tshili, [email protected]

There is an anticipated increase in the solemnisation of marriages in rural areas as traditional leaders are poised to take on a novel responsibility as marriage officers, concurrently overseeing the legally mandated distribution of inheritance in accordance with the country’s laws.

Two years ago, the Government promulgated a new Marriages Act, which, among other things, allows chiefs to be marriage officers.

However, the traditional leaders did not immediately assume the new role as they still needed to navigate the legal processes considering the complexities involved when dealing with marriages.

As part of capacity-building interventions to ensure smooth service delivery, the National Council of Chiefs in conjunction with the Ministries of Justice, Legal and Parliamentary Affairs, and Local Government and Public Works are holding a two-day sensitisation workshop, which began yesterday in Bulawayo for chiefs, focusing on marriage and inheritance matters.

The conference that is being attended by chiefs from across the country is running under the theme: “Sensitising our traditional leaders on marriage and inheritance laws in Zimbabwe.”

During the meeting, officials from the Ministry of Legal, Justice, and Parliamentary Affairs unpacked the legal issues that traditional leaders need to understand before assuming their new roles.

Justice, Legal and Parliamentary Affairs Permanent Secretary, Mrs Vimbai Nyemba said there was an urgent need to train chiefs to be marriage officers and inheritance distributors. 

“This conference serves as a crucial platform for chiefs to deepen their understanding of the legal framework governing marriages and inheritance, equipping them with the knowledge, skills, and tools to navigate these complex issues with confidence and competence,” she said.

“Empowering chiefs with the information they need to make informed decisions and uphold the principles of justice and equality, will also enable them to serve as effective agents of change and progress within your community. Remember we don’t want to leave anyone behind.”

Mrs Nyemba said it was essential that traditional leaders are provided with the necessary support, resources, and guidance to fulfill their duties effectively and in accordance with the law, hence the training workshop.

She said marriage is a vital and complex issue that requires undivided attention and understanding.

“It lies in the heart of our society shaping family ties, social structures, and community cohesion. To protect the institution of                                                                                                marriage, chiefs must be empowered and certified as marriage officers and this will enable them to carry out their functions legally, effectively, and efficiently for the preservation of this fundamental social institution,” said Mrs Nyemba. 

“As such, we must act with urgency to capacitate our chiefs and safeguard the future of marriages in our communities.”

Closely linked to the Marriages Act is the issue of inheritance and in line with family law, chiefs will be expected to administer inheritance matters, she added. 

“On the other hand, inheritance is a complex and newest aspect of family law that requires our careful attention. It is governed by a combination of Statutory Laws and customary practices, each with a set of rules that must be followed,” said Mrs Nyemba.

She said a deceased person’s estate determines who should inherit assets, property, and liabilities hence it is important to ensure that these laws are carefully navigated to achieve a fair and just outcome.

“Therefore, if you are dealing with inheritance matters in Zimbabwe it is essential to know about the Deceased Estate Succession Act                                                                                         and Administration of Deceased Estate Act. These two acts are primarily linked to legal instruments that govern the distribution of estates in the country. 

“They provide clear and concise procedures that take into account several factors, including the marital status, presence of children, and the nature of the deceased person’s union,” said Mrs Nyemba.

National Council of Chiefs President, Chief Mtshane, said the training of traditional leaders on the legal issues was long overdue.

He said the Marriages Act was promulgated two years ago yet chiefs were yet to resume their duties as marriage officers.

“However, this workshop is going to assist us in helping the communities we left back home, especially as it relates to their marriages and inheritance. 

“We should be guided by law as we undertake this duty so that we don’t cause disharmony within communities. We should also ensure that we do not infringe on the rights of others,” said Chief Mtshane. 

During the meeting, chiefs were told that the law stipulates that a marriage officer should not receive any payment for solemnising a marriage.

The chiefs, however, said it was un-cultural that a traditional court sits without someone making a payment. They also raised concerns over some of the sections of the law that they felt were against their traditions, including that anyone who is 18 years old can wed without his or her parents’ approval as they are considered an adult.

In response, Mrs Nyemba said officers from her ministry had noted down the concerns.

Chief Maduna, from Insiza, Matabeleland South, commended the training workshop saying it will equip them as they navigate their new responsibilities. – @nqotshili.