UNIVERSITY OF ZIMBABWE

NOV/DEC 2017 EXAMINATIONS

Faculty: LAW

Department: PRIVATE LAW

Paper code and Title: LB 203 FAMILY LAW

Duration: 3 HOURS

Examiner: SLYVIA CHIRAWU-MUGOMBA

Authorized Materials: Unannotated copies of prescribed Statutes
and unannotated copy of course outline
except additions of case citations.

INSTRUCTIONS:

1. This paper contains 2 Sections and 6 Questions

2. Answer FOUR questions, TWO from Section A and TWO from Section B
3. Note that questions ONE and FOUR are compulsory
4. Each question carries 20 marks.
5. Start each answer on a new page. Note that if a question has got sub
questions such as a, b or c, it should be treated as one question. Do
not answer the sub questions on new pages but as a continuation.
6. This question paper comprises 4 printed pages including the cover page.

DO NOT TURN OVER THE QUESTION PAPER OR COMMENCE WRITING

UNTIL INSTRUCTED TO DO SO

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 SECTION A

QUESTION ONE (COMPULSORY)

With specific reference to case law, critically analyse the best interests of the child standard.
In your conclusion state whether the best approach is to have a defined standard in a legal
instrument or to leave the standard to the discretion of the court (20 marks)

QUESTION TWO

Write comprehensive legal definitions and notes on the following:-

a. A Chapter 5:11 marriage [ 4 marks]

b. A chapter 5:07 marriage [ 4 marks ]
c. An unregistered customary law union [4 marks ]
d. Bigamy [ 4 marks]
e. Putative marriage [4 marks]
(20 marks)

QUESTION THREE

The Zimbabwe Gender Commission intends to host the first ever Gender Forum in
Zimbabwe. The Commission has received complaints from female litigants on the
matrimonial property regime prevailing in Zimbabwe. They approach you in your capacity as
a legal officer with the Zimbabwe Women Lawyers Association (ZWLA). Write a
comprehensive paper with reference to case law covering the following: - a marriage in
community of property; a marriage out of community of property and the rights that a
spouse in whose name property is registered during the subsistence of a marriage. Your
paper should also state suggestions for law reform. (20 marks)

SECTION B

QUESTION 4 (Compulsory)

You are a legal practitioner at Matimaonei and Associates Legal Practitioners and your client
is Sibongile Ndlovu. She seeks legal advice from you. She and Walker Makuruku got engaged
in Bulawayo on her 21st birthday (4 February 2017) and agreed to get married on Walker’s
30th birthday (20 August 2017). Confident that Walker would keep his promise to marry
her, Sibongile had sexual intercourse with Walker that night of engagement and on several
occasions thereafter. Two weeks before the wedding on Saturday evening 5 August, 2017,
at his bachelor’s party, Walker met Beven, the ‘best stripper in town’. He was so impressed
by her, that they eloped to Harare and got married there. Walker did not have the heart to
tell Sibongile. He lied and said that he had urgent business to attend to in Dubai. However
after a few days Walker realized that he had made a huge mistake by marrying Beven as he

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did not truly love her. Three days before the planned wedding with Sibongile, Walker sent
Sibongile an e-mail from Dubai where he was on honeymoon with Beven: “I made a HUGE
mistake. Married Bev, but please forgive me. I will be back soon to see you. So sorry. I love
you!!!!!!!” Sibongile was devastated, hurt and humiliated. She could not forgive him and no
longer wished to marry him. Walker has agreed to pay for all the expenses that she
incurred, but refuses to give her any money for her hurt feelings. Explain to Sibongile the
possible claim that she might have against Walker, the requirements for such an action as
well as the factors that might influence the final amount. In your answer, refer to relevant
case law. [20 marks]

QUESTION 5

WEMBEU AND ASSOCIATES, 12 Mombo way, Highlands, Harare, Telephone: 4879123/3/5,

Email: wembeu@law.co.zw ;Website: www.wembeulaw.co.zw ;when calling ask for R
Wembeu

25 September 2017

Mr Caleb Gonye
1235 Suncrest Way
Southerton
Harare.

Dear Sir

Re: Your wife Sandra Gembele –Gonye

We address you at the instance of your wife Sandra Gembele-Gonye. She has approached us
seeking assistance for a divorce. She has advised us that you were married in Harare on the
11th of March 1997 and that there are no children born of the marriage which has become a
source of friction. During the subsistence of this marriage, you have acquired the following
property- a house in Highlands; a house in Highfield; a stand in Pomona; a Mercedes Benz
E200; A Range Rover and household goods and contents. Our client wants a divorce from
you on the grounds that you had an adulterous relationship with your workmate which
resulted in the birth of a child whom you named Caleb. She is really hurt by this. You have
also physically assaulted her on two occasions and as a result she has lost all love and
affection for you. She proposes that the property be divided as follows: - that she retains as
her sole property the house in Highlands; the Range Rover and all household goods and
contents and that you retain the rest. This is a good proposal in our view.

If we do not hear from you in the next fourteen days, we will proceed to issue summons
without further notice to you.

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Yours faithfully

Wembeu and Associates

Caleb approaches you in your capacity as a lawyer with Ganyiwa and Partners. He informs
you that despite problems that they have had, he still loves his wife and does not want a
divorce. However a divorce should be granted, there is no way that the Highlands house can
be shared since it is registered in the name of a company Liteman (PVT) Ltd which he runs
on his own. The stand in Highfield was inherited from his late father and it should not be
subject to division. Sandra has also never worked formally in her life. With reference to
comprehensive case law, advice Caleb on the following:-

a. Whether or not courts can grant a decree of divorce in cases where one party avers
that they do not want to divorce? ( 4 marks)
b. Whether or not the Highlands home and the Highfield home can be considered
matrimonial property and be subject to division ( 8 marks)
c. Whether or not the court will consider the fact that Sandra has never worked in her
life in dividing the matrimonial property? ( 4 marks)
d. Will the court take into account the adultery and the physical assault in the division
of the property ( 4 marks)
(20 marks)
QUESTION 6

Getrude Garimbi returned home from work on the 31st of July 2017. She was surprised to
see her husband Kizito examining closely the palms of the hands of their two children Lucina
(10) and Letty (13). On inquiring from him what the problem was, Kizito told Getrude that
he had read a newspaper article that men in Zimbabwe where keeping children who were
not biologically theirs and the statistics pointed to 70% of men in such situations. Further
that at work when discussing this case, he was told that the palms of children should match
those of their father. He was now worried that his did not match with the children’s. Kizito
therefore wanted a paternity test to be conducted so that he could be sure.

A distraught Getrude who is married to Kizito in terms of the Marriage Act [Chapter 5:11]
seeks legal advice from you in your capacity as a legal practitioner with Hama and
Associates. With reference to case law, advise her comprehensively on the law relating to
paternity in Zimbabwe and whether a “palm test” is an acceptable legal way of establishing
paternity or non-paternity. (20 marks)

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