The 2022 Marriage Act, which consolidated the previous separate laws for civil and customary marriages into a single law, did not outlaw the payment of lobola, according to a cabinet minister.
Lobola, also known as bride price, involves the groom’s family paying money or goods to the bride’s family as a sign of respect and appreciation for their daughter’s upbringing.
Some social media posts have recently claimed that the Marriage Act banned lobola for customary law marriages.
Responding to these claims, Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi told <a href="https://www.herald.co.zw/lobola-not-outlawed-in-new-act-minister/">The Herald</a> that the only significant change in the Act was the establishment of a minimum age of 18 for marriage. He said:
<blockquote>
Recent social media posts purporting to explain the meaning and scope of the provisions of the new Marriages Act (Chapter 5:17], which was promulgated in 2022, have been brought to my attention.
As the minister responsible for the administration of justice in the country and specifically assigned to administer the Marriages Act, I wish to categorically state that these social media posts are misleading, mischievous and deliberately intended to create alarm and despondency amongst the generality of the public.
</blockquote>
Ziyambi said the new legislation consolidates the laws governing all legally recognized marriages in the country into a single piece of legislation.
Before its promulgation, two separate Acts provided the legal framework for marriages: the Marriage Act [Chapter 5:11] for civil marriages and the Customary Marriages Act [Chapter 5:07] for registered customary marriages. Said Ziyambi:
<blockquote>
The new Act did not and does not alter the erstwhile requirements for a valid civil or registered customary law marriage, save to the limited extent of placing a complete prohibition on child marriages — thus bringing our marriage laws into conformity with Section 78(1)(a) of the Constitution, which prescribes the minimum age of marriage as 18 years.
To this end, it is important to point out that the payment of roora/lobola or marriage consideration remains a requirement for customary law marriages.
</blockquote>
Ziyambi explained that the new Act recognizes three types of legally recognised marriages: civil marriage, which is monogamous between one man and one woman; registered customary law marriage, which is polygamous or potentially polygamous and is contracted between adult Africans; and qualified civil marriage, which is also polygamous or potentially polygamous, primarily catering to adherents of the Islamic faith. He said:
<blockquote>
The latter type of marriage is a new inclusion in the country’s marriage laws.
</blockquote>
Apart from legally recognised marriages, there are two other domestic arrangements in Zimbabwe: unregistered customary unions and civil partnerships. 
Though these are not considered legal marriages, they can affect how assets are divided if the relationship ends or when a partner dies without a will, as well as matters concerning children.
<ul>
<li>Unregistered customary union: This can become a legally recognised marriage if registered. The new law also allows for converting a monogamous registered customary union into a registered civil union.</li>
<li>Civil partnership: These are acknowledged under the new Act but only for determining the rights and duties of the parties involved.</li>
</ul>
These arrangements aren’t legal marriages but are recognized for certain legal purposes.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

The new Marriage Act in Zimbabwe didn't ban lobola payments. Lobola is when the groom's family pays the bride's family to show respect. The only big change in the law is setting 18 as the minimum age for marriage. There are three types of legal marriages: civil, registered customary, and qualified civil. Unregistered customary unions and civil partnerships are not legal marriages but can affect things like asset division and child matters. So, lobola is still allowed in customary law marriages, and some other types of marriages are recognized for certain purposes.

New Marriage Act Did Not Outlaw Lobola Payments, Says Minister

The High Court has set aside a decision that ordered a Karoi man to pay back US$2 700 bride price to his son-in-law after his wife cheated on him, reported <a href="https://www.hmetro.co.zw/relief-for-man-ordered-to-pay-back-bride-price-in-adultery-case/">H-Metro</a>.
Charles Bandera sued his son-in-law, Maxmillan Kondowe, appealing against a default judgment that ordered him to return the money after his daughter, Shumirai Bandera, committed adultery.
Maxmillan married Shumirai at a ceremony in Karoi sometime in March 2021 but was told he could only start living with her as his wife after their wedding.
But just two months after the lobola ceremony, Maxmillan discovered that Shumirai was sexually involved with another man. He confronted her and she allegedly confessed to the adultery in Harare.
Maxmillan went on to institute customary marriage divorce proceedings and the couple’s marriage was dissolved in January 2022.
He then served summons on Kondowe his father-in-law to return his bride price.
Kondowe failed to enter his appearance to defend the action leading the court to grant a default judgment in August 2022 that ordered him to return Maxmillan’s bride price.
After discovering that a Messenger of Court was deployed to execute the judgment, Kondowe applied for rescission of the same which was countered by Maxmillan’s application to stay the execution.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

High Court Rescinds Order For Father-in-law To Pay Back Lobola

The Mutare Magistrates Civil Court has dismissed an application for a lobola refund by an aggrieved bridegroom.
<a href="https://www.manicapost.co.zw/court-quashes-mans-lobola-refund-bid/">The Manica Post</a> reported that Eddington Machingauta had dragged his in-laws, Godwin Madenga and Betty Gombarume, as well as his estranged flame, Patricia Chantelle Madenga to the court, demanding restitution of US$4 240 which he claimed to have paid as bride price.
Machingauta was represented by Makuwaza &amp; Magogo Attorneys, while the defendants were represented by Chris Ndlovu of Gonese and Ndlovu Legal Practitioners.
Madenga dismissed the claim that Machingauta paid US$4 240 as bride price saying he only paid US$500 towards lobola, with the other payments “not constituting lobola perse”.
Presiding magistrate, Priscilla Gumbo dismissed Machingauta’s application saying his motives were not clear. Ruled the magistrate:
<blockquote>
It is still unclear why you decided to lay dormant after paying lobola and only decided to resurface demanding a refund of the lobola.
This raises questions on whether the applicant wanted his wife or if it was all a sham.
My belief is the applicant would have taken the necessary actions to have his wife back if he truly wanted the marriage to subsist.
</blockquote>
Gumbo ruled that Machingauta is not entitled to a refund since the marriage was never dissolved as he did not offer his wife a divorce token “gupuro”.
Allegations were that on 09 August, Machingauta visited his in-laws at their Pegasus house in Dangamvura in the company of his family to set a date for lobola payment and was given a bride price list with a total of US$11 240.
Machingauta only managed to pay US$3 690 and groceries worth US$550, making it a total of US$4 240.
After receiving the lobola, the bride’s parents refused to hand over their daughter to Machingauta as they insisted that he needed to top up the money.
Between August and October, Machingauta and Patricia’s relationship turned sour, prompting the woman to change her mind and opt out of the marriage.
Machingauta said that he tried to negotiate with his in-laws so that they could either restitute his money and groceries or give him his wife, all to no avail.
However, the father-in-law said Machingauta was called to come and take his wife, but he refused to do so.
The defendants’ attorney, Ndlovu, argued that lobola is a customary law practice and tradition, but the complainant had sued his clients under general law and not under customary law.
He said Machingauta should go through proper channels to solve the matter.
The lawyer further argued that lobola is a transaction between a son-in-law and his father-in-law, hence Machingauta cannot sue his mother-in-law and his estranged wife.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Court Dismisses Man’s Lobola Refund Application

Zimbabwean men can now pay roora/lobola only if they want to do so as a bride price is now a moral decision rather than a legal requirement under the New Marriages Act.
This was said by the director of the Law Development Commission (LDC), Netsai Zvakasikwa, during a recent interactive public legal awareness meeting aimed at clarifying the main provisions of the recently enacted Act, in Masvingo Province.
Zvakasikwa said that although the Government acknowledges moral values and cultural customs surrounding marriages, the payment of bride price is no longer obligatory. The <a href="https://www.chronicle.co.zw/lobola-payment-optional-new-marriages-act/">Chronicle</a> quoted Zvakasikwa as saying:
<blockquote>
Chiefs have expressed disapproval of the Civil Marriages Act provision stating that “roora” consideration is no longer a requirement.
However, as indigenous Zimbabweans, we are attempting to make it clear that we did not create the civil marriage system; rather, we inherited it.
</blockquote>
Some traditional leaders believe that the changes to marriage laws are a threat to Zimbabwe’s prevalent marriage culture where the payment of bride price is key.
Zvakasikwa said people should continue adhering to their traditional marriage practices. She said:
<blockquote>
As a result, we are continuing the civil marriage tradition, much as our former colonisers did, though our values and customs still emanate from Zimbabwe.
We are not advocating that you ignore the required “roora” payment in order to comply with the Act.
Though the Act’s provisions stipulate that it is no longer required, do it because it is part of our culture.
</blockquote>
LDC deputy chair, Rex Shana said soon, villagers will no longer need to travel to cities to solemnise marriages as traditional leaders will be designated to officiate customary marriages. He said:
<blockquote>
Chiefs will soon be designated to officiate customary marriages within their respective jurisdictions following the new requirements.
According to the recently passed statute, chiefs are awaiting induction. We are not abolishing their customs; however, the Act has introduced new obligations, such as verifying that the couple getting married is at least eighteen years old and that they are unrelated in any way, meaning that a brother cannot wed a sister or a cousin. Cousins by birth cannot get married.
</blockquote>
The LDC is conducting nationwide legal awareness meetings on the Marriages Act [Chapter 5:17] enlightening communities about the new law and its applicability to them.
LDC is responsible for conducting research, making recommendations, and providing legal advice to the government and other stakeholders on matters related to law and justice.
More: <a href="https://www.pindula.co.zw/2023/11/18/president-mnangagwa-reverses-the-appointment-of-general-valerio-sibanda-to-zanu-pf-politburo/">Pindula News</a>

Zimbabwean Men No Longer Under An Obligation To Pay Lobola

A Mutasa couple was reportedly married for a few minutes before the bride’s parents broke off the union after finding out that the man was not a virgin, and was in fact, a divorcee.
The man, Prince Stefano (30) of Mandeya Village, told <a href="https://www.manicapost.co.zw/marriage-lasts-a-few-minutes/">The Manica Post</a> that he paid a bride price of US$345 for 21-year-old Chiedza Mudzedze who is said to be a virgin. He said:
<blockquote>
I paid US$345 as the bride price. That is what had been communicated to me. However, when we went for the bride price-paying ceremony, they demanded US$800, which I did not have.
They said they would only give me my wife after paying the full amount, but these were only delaying tactics.
They did not want me to marry Chiedza because they had found out that I have a nine-year-old son.
</blockquote>
Stefano said he paid the bride price on 3 March this year but the Mudzedze family recently informed him that they would refund him his money. He said:
<blockquote>
Chiedza is a virgin, I understand, but her family is just bitter. Her bitter sister sent me voice notes saying I was a pauper and that as a family, they had agreed that I will not be able to take care of her sister.
</blockquote>
He said he has approached Chiedza’s family to get a reimbursement, but they seem reluctant to refund him.
Chiedza, who is from Nyatsuro Village, Honde Valley, told The Manica Post that she is worth more than US$345 as she is a virgin. She said:
<blockquote>
I am a virgin and where in this world have you heard of a virgin being married for that lousy amount? I am still young.
I am only 21 and will eventually find someone worthy of me, someone who has never been with another woman.
Prince wasted my time and lied to me that he was a virgin too. Had I not probed him, he would not have told me of his previous marriage.
I will not compete with another woman for him. Do you think his ex-wife will be happy if she hears that he married me?
We will give him his money but on our own terms. He should stop sending people here. You can also tell him that he is a loser.
</blockquote>
Chiedza’s sister, who refused to identify herself, said Prince disrespected her family for showing up for the lobola ceremony dressed in a pair of ripped Denim trousers, a work-suit jacket and some crocs slippers. She said:
<blockquote>
It was shameful for him to show up like that. What sort of dressing is that? We will not have it as a family.
It shows that he is very disrespectful. We will refund him when we feel like it.
As it is, we feel as if we deserve that money because they did not even bring any groceries, save for one chicken.
We prepared them our food, yet they had come with a car. They pretended to be well up, yet they are not.
</blockquote>
Prince’s aunt, Tsitsi Munyebvu Stefano said her family is planning to report the matter to the traditional leadership of the area so that they get a refund. She said:
<blockquote>
This is a family of crooks. They should have told us that they had decided otherwise before accepting Prince’s money.
I don’t know why Prince went for the lobola ceremony while donning a pair of ripped jeans and informal shoes.
What I know is that he is a good man. He did not know that he had a son until last year when his ex-wife told him.
Can that really be held against someone? I do not think so.
The families should find each other so that we can move forward. We love our daughter-in-law and I believe she also loves Prince.
</blockquote>
In Zimbabwe, virginity is highly valued as a sign of purity, chastity, and moral fortitude but in most cases focus is on the bride rather than the bridegroom.
It is believed that a virgin wife will be more faithful, loyal, and submissive to her husband.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

"Marriage" Ends After In-laws Demand Lobola Top Up

Jiti musician <a href="https://www.pindula.co.zw/Baba_Harare">Baba Harare</a>, whose real name is Braveman Chizvino, has criticised Shadaya for what he considers his extreme views on women.
Posting on Twitter, Shadaya Knight said women should value their virginity and suggested that men should not pay roora / lobola (bride price) when they marry girls and women who are no longer virgins.
Baba Harare argued that the responsibility was also on men to protect the purity of young women.
Speaking during an interview with <a href="https://www.hmetro.co.zw/shadaya-under-fire/">H-Metro</a>, Baba Harare said Shadaya’s views only serve to further fuel division between men and women. He said:
<blockquote>
Shadaya’s views are polarising. There are some who will support his controversial views and there are some that will loathe him.
Normally, I applaud him for starting conversations, but some of his views on women are problematic and can actually start a hate campaign.
A society’s evolution is measured by the way it treats and values its women.
Women are the backbone of our society. They represent life, order and unconditional love.
</blockquote>
<h2>What did Shadaya say?</h2>
Shadaya, whose posts on social media are controversial, has angered some women who consider his views extremely patriarchal. <a href="https://twitter.com/ShadayaKnight/status/1571396624525529089">He wrote on Twitter:</a>
<blockquote>
For an African man, the moment you decide to pay lobola for a wvman you didn’t devirgin, that signifies the defeat of your manhood.
Lobola is a token of appreciation, so what exactly are you appreciating here, that other men didn’t see fit to appreciate?
Lobola is our culture, imagine denigrating our culture to celebrate a cultural delinquent. In our culture, virg!nity is of paramount importance.
But here you’re celebrating the opposite, instead of shaming it, your ancestors will be ashamed.
What a disgrace to your lineage And with your woke-ism you’ll defend your stup!dity saying “it’s not just about sex” well you should know the previous men got also those other qualities for free.
She cooked, washed, and cleaned for him. Nywe nywe it’s about building a family, well, she also gave him a kid(s) If there’s none, she probably has damaged her womb on contraceptives, family planning pills, jadel, morning after pills, heck even once or twice, she abort3d.
Her womb is a mess, loaded with more chemicals than a laboratory. If this was in football, what you’re doing is no different from breaking the bank for an old washed-up has been player, instead of getting that player on a free transfer.
How do you even look at yourself, aren’t you asham3d of yourself/ You have basically admitted that the men who had her before you are superior to you, what they couldn’t commit to, only you can.
Settling for another man’s l3ftovers. Have some shame, what a disgrace. Learn or perish!!!
</blockquote>

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