|PM’s wedding off|
|Saturday, 15 September 2012 03:22|
Daniel Nemukuyu Senior Court Reporter
The application also sought an order allowing the wedding to be held today.
The PM also had his bid to issue Ms Karimatsenga’s lawyers with a divorce token of US$1 before the magistrate thrown out.
The PM and Ms Macheka (who is being cited in the magistrate’s ruling as Ms Guma) were set to tie the knot at Raintree Gardens in Umwinsidale, Harare, today.
He cited Section 104 (1) (c) of the Criminal Law (Codification and Reform) Act, which criminalises the intended marriage, saying he could not allow the PM to commit an offence.
enter into a monogamous marriage with any person other than his or her spouse by the potentially polygamous marriage shall be guilty of bigamy.”
“In that video recording, it was clear that contrary to the unsubstantiated assertion by Mr Tsvangirai that he had only paid damages for impregnating Ms Karimatsenga out of wedlock, the ceremony was payment of lobola, which culminated in Mr Tsvangirai’s emissaries asking for their in-laws’ blessing to have a white wedding.
“The items tabulated on the list of roora tally with the items mentioned in the video recording.
In an additional affidavit filed by the PM’s lawyers, the PM shifted his defence from denying ever paying roora to disowning the emissaries.
“The delegation from his side (PM) was quite big and very joyous. There were large quantities of groceries that were bought and generally there was quite some merry making synonymous with a planned ceremony.
Mr Mutevedzi said the PM was wrong in sending the divorce token through the magistrate.
“Secondly, it cannot be given simply because the woman has raised an objection to Mr Tsvangirai’s intended wedding. Thirdly, there are consequences attendant upon that process, which must be complied with for divorce process to be complete just like it is not enough under general law to simply issue summons and end there,” he said.
Mr Mutevedzi also found that the process was flawed since Ms Karimatsenga was not personally in attendance.
“I cannot sanction the wedding when it is clear to me that the parties to that marriage may be committing an offence.
I have in terms of Section 19(3) of the Marriage Act (Chapter 5:11) I shall as I hereby do cancel the marriage licence I gave to Morgan Tsvangirai and Elizabeth Mazvita Guma on August 27 2012,” he said.