Essay On Customary Law In Zambia

1985 Words8 Pages
A high court judge, Mr. Justice Mwamba married a girl under sixteen years of age and lived with her as man and wife. The two got married under customary law and they consummated their marriage the night of their wedding. This account is an attempt to advise the human rights activists who got wind of this union on what legal actions can be taken against the judge and the chances of success. This will be done by taking into account the laws currently prevailing in Zambia. The legal issues that will be the focus of discussion are whether the marriage conducted under customary law involving a girl below sixteen years of age is lawful and whether the said consummation can amount to defilement. Zambia has a dual legal system. This means that the application of Customary Law is permissible as much as Statutory Law. The application of Customary Law in Zambia facilitates the recognition of the validity and existence of customary marriages. The relevant laws that refer to the application of Customary law in Zambia include, the provisions of article 23 (1) and 4 (d) in the Zambian Constitution , section 16 of the Subordinates Court Act and section 12 of the Local Court Act . According to the aforementioned statutes, customary law in Zambia…show more content…
Under customary law marriages, there is no specific age required for a marriage to be valid. A girl is considered capable to marry at puberty . In R v. Chinjamba , a villager, Fulai Njamba, married a girl under the age of sixteen years and lived with her as man and wife. It was held that, it is not generally unlawful for a man to have canal knowledge of a girl under the prescribed age to whom he is lawfully married. Lawfully here means that both the parents and the girl have consented to the marriage. The age of the girl is not a factor that is

More about Essay On Customary Law In Zambia

Open Document