main steps of contracting marriages in zambia
THE MAIN STAGES IN THE PROCEDURE OF CONTRACTING A CUSTOMARY LAW MARRIAGE AND A STATUTORY LAW MARRIAGE IN ZAMBIA.
AUTHOR: KATALILO JOY
INTRODUCTION
This paper is aimed at stating and comparing the stages involved in the procedure of contracting a customary law marriage and that of a statutory marriage in Zambia.
Marriage in Zambia, like most African countries, is governed by two laws. These are customary law and statutory law.
Customary law is basically tradition passed down orally from generation to generation and is enforced at community level under customary authorities such as Chiefs. In present day Zambia, this law is administered in Local courts by local justices who understand the local customs and traditions.
The statutory law marriage is governed by Parliamentary Statutes. These statutes are the Marriage Act Chapter 50 of the laws of Zambia and the Matrimonial Causes Act of 1973. The Marriage Act Chapter 50 of the laws of Zambia deals with the contracting of marriage while the Matrimonial Causes Act of 1973 deals with divorce and its related matters. International law that the Zambian government has acceded to but not yet domesticated can fall under statutory law marriage as it has influence in the Courts of law.
At the beginning of colonialism and up to 1963, only settlers’ marriages were governed by these Parliamentary statutes. In 1963, the Marriage Act had to be amended to allow Africans to contract marriage under the statutes. It should be noted that the said statutes are British laws that became applicable to Zambia under Section 11 of the High Court Act, Chapter 27 of the laws of Zambia.
The process of contracting marriage under customary law start with the family of the man communicating the intention of marriage to the family of the woman. Unlike the statutory marriage, the parties to the marriage under customary law are the two families and not the individuals who are to marry. This is why
AUTHOR: KATALILO JOY
INTRODUCTION
This paper is aimed at stating and comparing the stages involved in the procedure of contracting a customary law marriage and that of a statutory marriage in Zambia.
Marriage in Zambia, like most African countries, is governed by two laws. These are customary law and statutory law.
Customary law is basically tradition passed down orally from generation to generation and is enforced at community level under customary authorities such as Chiefs. In present day Zambia, this law is administered in Local courts by local justices who understand the local customs and traditions.
The statutory law marriage is governed by Parliamentary Statutes. These statutes are the Marriage Act Chapter 50 of the laws of Zambia and the Matrimonial Causes Act of 1973. The Marriage Act Chapter 50 of the laws of Zambia deals with the contracting of marriage while the Matrimonial Causes Act of 1973 deals with divorce and its related matters. International law that the Zambian government has acceded to but not yet domesticated can fall under statutory law marriage as it has influence in the Courts of law.
At the beginning of colonialism and up to 1963, only settlers’ marriages were governed by these Parliamentary statutes. In 1963, the Marriage Act had to be amended to allow Africans to contract marriage under the statutes. It should be noted that the said statutes are British laws that became applicable to Zambia under Section 11 of the High Court Act, Chapter 27 of the laws of Zambia.
The process of contracting marriage under customary law start with the family of the man communicating the intention of marriage to the family of the woman. Unlike the statutory marriage, the parties to the marriage under customary law are the two families and not the individuals who are to marry. This is why