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The Marriage Act
33. (1) A marriage between persons either of whom is under the age of
sixteen years shall be void: Void marriages
Provided that this section shall not apply when a Judge of the High Court
has, on application being made, and on being satisfied that in the
particular circumstances of the case it is not contrary to the public
interest, given his consent to the marriage.
2) Nothing in this section shall affect any marriage already solemnised or
contracted before the 20th May, 1949.
(No. 12 of 1949 as amended by No. 6 of 1955)Exemption of existing marriages
34. Any person who is married under this Act or whose marriage is declared
by this Act to be valid, shall be incapable during the continuance of such
marriage of contracting a valid marriage under any African customary law,
but, save as aforesaid, nothing in this Act contained shall affect the
validity of any marriage contracted under or in accordance with any African
customary law, or in any manner apply to marriages so contracted.
(No. 48 of 1963)Marriage under African customary law
PART VI VALIDATION OF MARRIAGES ALREADY
SOLEMNISED
35. Every marriage solemnised in the portion of Zambia formerly known as
North-Eastern Rhodesia before the 1st February, 1903, and every marriage
solemnised in the portion of Zambia formerly known as Barotseland-North-Western
Rhodesia before the 16th July, 1906, by any minister of any religious
denomination or body, according to the rites in use by such religious
denomination or body, shall be and shall be deemed to have been from the
time of the solemnisation thereof, a legal and valid marriage :Marriages
already solemnised in Zambia.
Provided that nothing herein contained shall legalise any marriage which
has, before the commencement of this Act, been declared invalid by any
competent court, nor any marriage, either party to which had at the time of
its solemnisation a lawful wife or husband living, nor any marriage which
was void by reason of kindred or affinity or fraud or incapacity to contract
marriage, nor any marriage otherwise invalid, either party to which shall,
before the commencement of this Act and in the lifetime of the other party
thereto, have intermarried with any other person.
36. Every minister of religion or other person in Zambia who has in his
custody or control any register, record or paper purporting to be such of
marriage solemnised before the 1st February, 1903, in the portion of Zambia
formerly known as North-Eastern Rhodesia, and before the 16th July, 1906, in
the portion of Zambia formerly known as Barotseland' North-Western Rhodesia,
shall forthwith deliver or transmit to the Registrar-General the said
register or official record or a copy thereof, unless a copy has already
been transmitted pursuant to the provisions of the North-Eastern Rhodesia
Marriage Regulations, 1903, or Proclamation No. 15 of 1906 omitting if
desired any matter of a private nature with a certificate appended thereto
in the following form: Records and evidence of such marriages I, A.B., (here
describe place of abode and position) do certify that the annexed written
pages contain the true record (excepting matters of a confidential nature)
of the marriages heretofore solemnised in (here name church).
37. The Minister may defray out of the general revenues of the Republic all
proper expenses connected with the transmission or delivery of the said
registers or which may otherwise become necessary to be incurred in carrying
out the provisions of this Act.
(As amended by G.N. No. 316 of 1964 and S.I. No. 72 of 1964) Costs
transmission of records, etc.
PART VII OFFENCES AND PENALTIES
38. Any person who-
(a) contracts a marriage under this Act, being at the time married in
accordance with African customary law to any person other than the person
with whom such marriage is contracted;
(b) having contracted a marriage under this Act, during the continuance of
such marriage contracts a marriage in accordance with African customary law;
shall be guilty of an offence and liable on conviction to imprisonment for a
period not exceeding five years:
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