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Constitutional Court
Loveness Mudzuru (2) Ruvimbo Tsopodzi v Minister of Justice, Legal & Parliamentary Affairs N.O. (2) Minister of Women’s Affairs, Gender & Community Development (3) Attorney General of Zimbabwe
[2016] ZWCCZ 12
Case Details
Court
Constitutional Court
Date
20 January 2016
Citation
[2016] ZWCCZ 12
Judgment No.
CCZ 12/2015
Outcome
unknown
Case Type
Application
Bench
Presiding
Malaba DCJ
Full Bench
Chidyausiku CJMalaba DCJZiyambi JCCGwaunza JCCGarwe JCCGowora JCCHlatshwayo JCCPatel JCCGuvava JCC
Areas of Law
Constitutional LawHuman Rights LawFamily Law
Keywords
child marriageminimum age of marriageconstitutional interpretationchildren's rightsgender discrimination
Tags
child marriageconstitutional rightsgender equalitychildren's rights
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicants have locus standi under section 85(1) of the Constitution","issue_type":"procedural","dispositive":"no","related_facts":"Applicants not victims of child marriage; acting in public interest"}
- {"issue_text":"Whether section 78(1) of Constitution sets 18 years as minimum marriage age","issue_type":"constitutional","dispositive":"yes","related_facts":"Section gives right to found family to those aged 18+; marriage rights heading"}
- {"issue_text":"Whether section 22(1) of Marriage Act is unconstitutional","issue_type":"constitutional","dispositive":"yes","related_facts":"Permits marriage of 16-year-old girls; violates constitutional rights"}
- {"issue_text":"What appropriate relief should be granted","issue_type":"procedural","dispositive":"no","related_facts":"Declaration of invalidity sought; need for effective protection"}
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background
Facts of the Case
Background
Two young women aged 19 and 18 years approached the Constitutional Court seeking a declaration that section 78(1) of the Constitution sets 18 years as the minimum age of marriage in Zimbabwe, and that section 22(1) of the Marriage Act permitting girls aged 16 to marry was unconstitutional.
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