Paying Lobola Is Still Required: Minister Explains Why
Justice, Legal, and Parliamentary Affairs Minister Ziyambi Ziyambi cleared up some misunderstandings regarding the new Marriages Act in a recent statement, reiterating that paying the lobola is still a requirement in order to register a customary marriage.
The Act, which combined the laws pertaining to civil and traditional marriages, has provoked debate about the place of lobola in legally recognized relationships.
Minister Ziyambi made it clear that, despite certain claims to the contrary, lobola is still a necessary component for registering traditional unions even though it is not required for formal marriages.
Read Also: Man demands lobola refund: The reason will surprise you
He emphasized the contrast, saying that while lobola is no longer required for registration in civil marriages, the new legislation preserves its requirement in traditional marriages.
This clarification came amidst recent remarks by Netsai Zvakasikwa, Director of the Law Development Commission (LDC), asserting that lobola payment is no longer a legal obligation under the new law. Zvakasikwa emphasized the shift in perspective, indicating that the payment of roora/lobola is now a matter of personal choice, aligning with moral decisions rather than legal mandates within the context of the New Marriages Act.
In Zimbabwean tradition, marriages typically commence with a customary union, often unregistered, subsequently transitioning into a formal civil union. Notably, the new Marriages Act introduces a pivotal change, allowing couples with a registered customary union to convert it into a legally recognized civil union, a provision absent in previous legislation.
Minister Ziyambi underscored the Act’s comprehensive nature, explaining its repeal of previous marriage laws, including the Civil Marriages Act and the Customary Marriages Act. He emphasized that while the Civil Marriages Act historically didn’t hinge on lobola payment for registration, the same does not hold true for customary unions under the new legislation.
In essence, the requirement of lobola payment endures for customary marriages, with marriage officers, now inclusive of traditional leaders, mandated to ascertain lobola payment before registering such unions. Minister Ziyambi concluded that it’s erroneous to assume that lobola has become optional under the new law, clarifying its continued significance in the context of customary marriages.
