Kubika mapoto / kuchaya mapoto / masihlalisane and Marriage in Zimbabwe

Section 41 of the Marriages Act [Chapter 5:17] (‘the Act’) recognizes and protects the rights of unmarried and cohabitating couples which are otherwise known as kubika mapoto / kuchaya mapoto / masihlalisane. However, the Act does not recognize masihlalisane / kuchaya mapoto / kubika mapoto as a form of marriage.

A lawful marriage is one which is solemnized, registered or recognized as such in terms of the Act. Consequently, a civil partnership is not recognized at law as a marriage in Zimbabwe, rather a civil partnership is recognized as a relationship between a man and woman who live together as a normal couple without ‘legally being married’ to each other,

The South African Constitutional Court in Volks NO v Robison & Others 2005 (5) BCLR 446 (CC) para 154 held that:

“By opting not to marry, thereby not accepting the legal responsibilities and entitlements that go with marriage, a person cannot complain if she is denied the legal benefits she would have had if she had married. Having chosen cohabitation rather than marriage, she has to bear the consequences. Just as the choice to marry is one of life’s defining moments, so, it is contended, the choice not to marry must be a determinative feature of one’s life.”