Joint custody of minors in Zimbabwe

Custody encompasses two aspects. The first is physical custody and the second is legal custody. The former refers to the control of the body, while the latter is concerned with the decision-making authority over that physical body on a day-to-day basis.

Following the High Court decision in Sadiqi v Muteswa HH 249-2020, the common law rule that gave the mother of a child born out of wedlock sole guardianship and sole custody and denied the father such parental power was declared to be inconsistent with the Constitution of Zimbabwe.

On appeal the Supreme Court in Muteswa v Sadiqi SC 131-21 upheld the High Court’s finding that the common law rule that gave mothers of a child born out of wedlock sole guardship and sole custody and denied the natural father of such a child parent power was indeed inconsistent with the Constitution of Zimbabwe and therefore invalid.

Resultantly, in Zimbabwe parents of children whether born out of wedlock or in wedlock can equally exercise joint custody and guardianship of their minor children. In our jurisdiction the courts may grant parties joint custody of minor children if there is evidence to satisfy the court that such an agreement would be in the best interests of the children.