The efficacy of the marriage Act and the matrimonial causes Act in Zambia and the place of dual law system
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This dissertation analyzes the effect of the Matrimonial Causes Act (1973) and the Marriage Act on marriages and divorces in Zambia, taking into account the aspect of customary marriages and the rights accorded by such marriages and thus the conflicts between such marriages and the Acts. It also seeks to analyze the dual law system in Zambia and the efficacy of the present legislation in this regard. This is in reference to the importation of laws such as the Matrimonial Causes Act 1973 which are obsolete laws in their countries of origin but are still being implemented in Zambia. This gives rise to the question why the Zambian legislators have not created legislation that is better suited to the Zambian situation and put an end to the dual law system and the conflicts it brings about.In the analysis of these issues, this dissertation will discuss the history of the dual legal system in Zambia as well as the Marriage Act and the Matrimonial Causes Act. It will also bring out the different ways in which the laws laid down in the Acts are in conflict with the customary laws and how the dual legal system allows for the continued existence of these conflicts. This will be followed by a discussion of the advantages and disadvantages for Zambia of the introduction of a single legal system. An analysis of how this may be done and the problems that may be encountered in the event of the creation of a law that encompasses both customary and civil laws in a bid to come up with an indigenous Zambian piece of legislation governing both marriage and divorce will also be discussed.This dissertation is divided into four chapters that analyze and discuss the abovementioned issues and finally ends with a summation of the findings and the recommendations by the author as to the way forward.
- Law