Customary Law and the Formal Legal System: Navigating the Interface in Family Matters

One of the most complex areas of Zimbabwean law is the interface between customary law and the formal legal system, particularly in family matters. The Constitution of Zimbabwe 2013 recognises customary law as part of the law of Zimbabwe (section 192), but also requires that customary law be consistent with the Constitution.

Key issues that arise in practice include:

The recognition of customary marriages and the rights of spouses
The application of customary law to inheritance and succession
The rights of women and children under customary law
The interaction between customary courts and the formal court system

I recently had a matter involving a widow who was denied her inheritance rights under customary law, and the case raised profound questions about the relationship between customary law, gender equality, and the Constitution.

I would be interested in practitioners' experiences navigating this interface, and in particular:

How do courts approach conflicts between customary law and constitutional rights?
What is the role of the customary law courts in the Zimbabwean legal system?
How can practitioners best advise clients whose matters involve both customary and formal law?

1 Reply

Advocate Tendai Moyoabout 2 hours ago

The customary law and formal law interface is one of the most fascinating and challenging areas of Zimbabwean law. In my experience, courts are generally willing to apply customary law where it is consistent with the Constitution, but they are increasingly willing to strike down customary practices that discriminate against women or children. The Venia Magaya case from the Supreme Court remains important background, even though the 2013 Constitution has changed the landscape significantly.