Thread by @OpenParlyZw

CHIEF CHARUMBIRA CLAUSE 9 MARRIAGES BILL SENATE COMMITTEE STAGE (Chiefs are not dull)

HON. SEN CHIEF CHARUMBIRA: Thank you Chair. I want to support what has been said so that it is seen as a collective thing not an individual thing.

CHIEF CHARUMBIRA: The import of a clause which says chiefs shall have to apply to the Minister and the fact that it does not exist in respect to heads of diplomatic missions, our civil servants.

CHIEF CHARUMBIRA: Someone from UZ with just A levels works in Min of Foreign Affairs & International Trade, 27 years down the line he/she goes to a particular mission & becomes head is taken to be more respected, trusted &we have more confidence in that civil servant than a chief

CHIEF CHARUMBIRA: This is demeaning to the institution of the chiefs. Kuitarisira pasi zvikuru and we would not accept this. If this clause existed alone without other clauses which say other people are not subject to certain applications, maybe we would take a different view.

CHIEF CHARUMBIRA: But the fact that the next one says these others are automatic, we feel very much demeaned as an institution. In fact, if you go to Section 282 of the Constitution, this is discrimination of an institution. @Wamagaisa @veritaszim @kubatana

CHIEF CHARUMBIRA: When one is appointed a chief – all chiefs are equal. So, you cannot by operation of this Bill, start grading them and say uyu anoita uyu haaite.

CHIEF CHARUMBIRA: It is very contradictory coming from the Minister of Justice because the Customary Law and Local Courts Act does not have such a provision where a minister has the discretion to say this chief can preside over a local court which is a primary or customary court

CHIEF CHARUMBIRA: and this one does not qualify. By virtue of that office, every chief anotonga mhosva which is a greater challenge than sitting as a marriage officer because in a judicial function, the processes are more complex.

CHIEF CHARUMBIRA: The judgements are more complex and enforcing the orders is more complex. So if the reason is havana kufunda, then we should as well withdraw from them,

CHIEF CHARUMBIRA: the judicial functions which are even more complicated compared to people coming in front of you with your proper papers in place and asking them whether they are married or not and then papers are signed.

CHIEF CHARUMBIRA: I think Minister, in my view, we should not even belabour this point. This would not go well and I want to support the proposed amendment which again, for emphasis, reads as follows:

CHIEF CHARUMBIRA: ‘every chief shall, by virtue of his or her office and as long as he or she holds such office be a marriage officer for a customary law marriage in the district in which she/he holds office.’ I submit that this is a very serious amendment. I thank you.

HON. SEN. SIPANI-HUNGWE: Thank you Chair. I agree with what the chiefs have said that we are people and the chiefs’ jurisdiction is in the rural areas where there is violence. We find that our chiefs are champions when it comes to conflict resolutions.

SENATOR SIPANI-HUNGWE: So why do we not just take them as they are. If we think that our chiefs are not educated, there should be no segregation or any conditions attached. We have pastors who are officiating in marriages.

SENATOR SIPANI-HUNGWE: If it is difficult we should take them and educate them and train them in officiating marriages. I do not think we have dull chiefs here because as it is – it is like we are putting them at a certain level.

SENATOR SIPANI-HUNGWE: I think the Minister should take time, even three months or one year training them on how to officiate marriages. I am supporting the others that chiefs should be marriage officers.