Thread by @OpenParlyZw

MARRIAGES BILL: CHIEFS MUST BE GIVEN UNCONDITIONAL POWER TO BE MARRIAGE OFFICERS

HON. SEN. CHIRONGOMA: Thank you very much Madam Chair for giving me this opportunity. The chiefs here have explained the law so that they become marriage officers.

SENATOR CHIRONGOMA: As we were growing up, laws were instigated by the whites who did not even know our surnames. In 1971, I went to wed in Chivi and on our marriage certificate was written ‘Joseph to Muchayemura, you are now married’ and that law was meaningless.

SENATOR CHIRONGOMA: With the sitting chiefs that we have, things must change and chiefs must be more empowered. Our chiefs are very much liked and respected in the rural areas, so let us empower them. When they become older, they are assisted by their aides in those courts.

SENATOR CHIRONGOMA: Chiefs must be given unconditional power to be marriage officers that is what we used to request for. If chiefs were found to be unjust in their rulings during marriages, the whites would revoke the certificates. @Wamagaisa @wlsazim @SAPST @DavidHofisi

SENATOR CHIRONGOMA; Now, we are saying that chiefs should have unconditional authority to become marriage officers. Like the clause that was put forward by the President of the Chiefs’ Council that clearly explained how the chief’s authority must be retained.

SENATOR CHIRONGOMA: The clause should not say, ‘may’, it should not be optional, Chiefs should be given enough authority since we have been independent for some time. I support the fact that chiefs should be allotted unconditional authority.

CHIEF NECHOMBO: Thank you very much Madam. If our Constitution could come to my aid. Section 16 of Constitution states that “(3) The State &all institutions & agencies of Govt at every level must take measures to ensure due respect for the dignity of traditional institutions.”

CHIEF NECHOMBO: As traditional leaders, we are institutions and when we are saying ‘may’, surely we are going contrary to Section 16.

CHIEF NECHOMBO: Again, Section 16 (1) states that – “The State and all institutions and agencies of Govt at every level must” - it is not optional “promote and preserve cultural values and practices which enhance the dignity, well-being and equality of Zimbabweans.” Thank you.

HON. CHIEF SIANSALI: Thank you Madam Chair. Listening to the Hon. Minister’s argument, he said that there is some enlightenment that is required in order for one to be a marriage officer - fair and fine.

HON. CHIEF SIANSALI: If there is some enlightenment that he as the Minister ,feels that whosoever becomes a marriage officer should undertake, then let him teach us; we are open to any lesson.

HON. CHIEF SIANSALI: As I am debating, I am debating in English but the marriage that I am going to oversee will be conducted in chiTonga but I have been overseeing marriages for my own people … - [HON. SENATORS: Hear, hear.] – And no English is required.

HON. CHIEF SIANSALI: So what can be so difficult for me to administer if I can debate in English? What can prevent me from administering marriages to my people in our mother language? I do not see anything difficult there.

HON. CHIEF SIANSALI: Furthermore, the Hon. Minister is the Minister of Justice, Legal and Parliamentary Affairs where all chiefs are judicial officers. The Hon. Minister and the House can confirm with me that all chiefs are appointed as chiefs and by the operation of the law,

HON. CHIEF SIANSALI: they start presiding over cases without any coaching. So, is the marriage aspect so technical such that one cannot partake?

HON. CHIEF SIANSALI: Whereas we think that judicial functions are highly technical but the Minister has never said that he wants to train the Chiefs so that they can be judicial officers. What is so special about marriage that is not present in handling of cases?

HON. CHIEF SIANSALI: Honestly, speaking, yes, like I debated last time, we should desist from flavouring our laws in an afrocentric manner. We understand our schooling is made by Europeans and as such, we have been paneled to think European ways only.

HON. CHIEF SIANSALI: It could be very proper that these laws that we are formulating now we formulate them in an afrocentric flavour because we are Africans. We have gone through times and we have seen the effects of these laws that were enacted by the whites.

HON. CHIEF SIANSALI: This is the opportunity now, a law is not changed every day, let us make a correct thing once and for all and we do good for generations to come. Imagine in this time and era, we still make a law as if there is any European in the Senate.

HON. CHIEF SIANSALI : As, black, can we still think that way? Customary marriages are to do with the customs of the concerned people. As such, I do not see any difficulties in administering such.

HON. CHIEF SIANSALI: Madam Chair, for progress and for this Bill to be sound and make sense in the communities, I submit that the changes mooted be taken into consideration. I thank you