Internal conflicts between customary law and general law in Zimbabwe: family law as a case study

Abstract

Under Zimbabwean law and despite the achievement in April 1980 of majority rule, with regard to family law and personal law, discriminatory treatment of Africans and women persists. Despite the passage since Independence of two Acts designed to help eradicate racism and sexism in Zimbabwe (the Customary Law and Primary Courts Act, “the Primary Courts Act” and Legal Age of Majority Act, “the Legal Age of Majority Act”) the statute books still contain pre-Independence legislation preventing equal treatment of Africans and women. The Primary Courts Act eliminated racially based criteria for determining which system of law should apply to a particular dispute. It introduced new guidelines for resolving conflicts between customary law and general law, a significant move towards equality under the law. It repealed an Act containing a provision that exempted disputes between Africans from many general family law statutes.