Locardia Karimatsenga Tembo’s bid to stop the Tsvangirai-Macheka wedding hit a brick wall after the High Court dismissed her urgent chamber application seeking an interdict to stop the ceremony saying it has no jurisdiction over the matter.
In her ruling, the presiding judge Justice Antonia Guvava dismissed Locardia’s application, saying an unregistered customary law marriage which is not solemnised is invalid according to Zimbabwean law.
She noted, however, that the matter exposes the lack of harmony between the marital laws of the land which begs urgent integration, saying the legislature must address these disparities urgently.
Justice Guvava said she concurred with Advocate Thabani Mpofu that Locardia had approached the wrong court as she should seek recourse from the Magistrate’s Court and the Marriage Licence Issuing Officer.
She also stated that the applicant had erred in sighting Reverend Levy Kadenge as a bishop of the Methodist Church in Zimbabwe, and as the one who has the power to stop the marriage ceremony between Tsvangirai and Macheka from proceeding, and ordered that Locardia must pay costs for legal services incurred by the Reverend.
On the application made for the playing of the DVD for the payment of lobola by Tsvangirai’s emissaries, Justice Guvava said she found it unnecessary to rule on the admissibility of introducing it as evidence.
However, she found it also unnecessary to award costs to Locardia, saying she had been courageous enough to fight for the rights of the African woman married under unregistered customary marriages.
The respondent’s lawyers were ecstatic at the ruling which came in their favour whilst Locardia’s lawyers vowed to launch an urgent appeal against the ruling at the Supreme Court and to file for the cancelation of the marriage licence.