Draft makes same-sex marriage criminal

THE draft constitution approved by Global Political Agreement (GPA) leaders and set to be tabled before Parliament on February 8 makes same-sex marriage a criminal offence, NewsDay can reveal.

Chief Reporter

Homosexuality had been one of the major issues that stalled the constitution-making process with President Robert Mugabe’s Zanu PF party accusing the MDCs in the inclusive government of trying to smuggle it into the new governance charter.

Section 4.78 of the draft constitution that deals with marriage rights prohibits forced marriages, marriages of people under the age of 18 and between people of the same sex.

“Persons of the same sex are prohibited from marrying each other,” reads Section 4.78(3) of the draft. Zanu PF Copac co-chairperson Munyaradzi Paul Mangwana yesterday said the clause was a clear statement that Zimbabwe does not condone homosexuality.

“This is the first time we have this clause in our constitution,” Mangwana said.

“The constitution cannot provide more information as there will be other legal instruments to enforce it, such as the Sexual Offences Act. It’s clear sexual relationships between people of the same sex are prohibited.”

Mugabe, a fierce critic of homosexuality, has often criticised the practice as unAfrican and branded gays and lesbians as “worse than pigs and dogs”.

The President has repeatedly said he believed same-sex relationships were ungodly and has criticised MDC-T leader Morgan Tsvangirai for backing gay rights after Tsvangirai said he was against the denial of minority rights.

MDC-T Copac co-chair Douglas Mwonzora yesterday said homosexuality was a criminal offence in the country.

“The constitution cannot prescribe a crime, but the issue of homosexuality can be covered under the criminal law of sodomy,” Mwonzora said.

“Same-sex marriages are prohibited and homosexuality is a crime under the country’s criminal laws.”

35 Comments

  1. yekuisana kumanyowa haiite. Vane point yakanaka ava varume

    1. haiite but i want to try it.

    2. Ungaramba hako asi kumanyowa ndizvo. Ndakaita by mistake kune small house yangu and the experience was fantastic for both of us. I will definitely never try it on a man though so I guess man to man is no go but kana riri babie furidza wakasununguka

  2. Thank you Morgen and Mugabe. We cant have that thing in Zimbabwe.

  3. But marriage after 18 is not ok.By that age u cant find virgins which means they are doing well be4,even 12 yr olds.So does it mean sex b4 18 is criminal?if 2 ppl under 18 have sex &thers pregnancy can it be terminated?will they be jailed.16 is better.

  4. Personally I hate same sex relationships. I find them disgusting. But I will not try & hide my prejudice against it by claiming it is unAfrican or unchristian. Gay practices are very rife in Africa. Kumamisha uko kudhara dhara stereki vafana ma16, 17 year olds vai-augmenter self abuse by sodomising younger boys kumombe. Musiyano once vave maadults they would marry women. Boys only girls only boarding schools prisons are other places of voluntary sodomy. Let’s not forget mudhara Banana or Jonathan Moyo. Imi munoclaimer to be christians Bhaibheri hariti here musabe kana kuvhara vamwe, musareva nhema, musaite cheupombwe… asi munongoita zvakadaro but chamazonzwisisa ndoo chekushoropodza ngochani muchiquota sodom negomorha. That said hapana basis yekudenier vanhu ava marights avo. It’s their choice, they know about Sodom & Gomorha and that madeeds avo anobhohwa vamwe vanhu.. Dai vakatotenderwa kuita zvinhu zvavo asi in private varege kuzonyangadza the majority vanosemeswa nazvo.

    1. don’t be silly! saka kana bible rakati usabe, pane mutemo wakalegaliser kuba here? do not justify zvinhu usina point mhani, zvinotaridza hudofo izvozvo.

  5. Iwe Gidza pamwe panodiwa kubatsira vane pfungwa dzakabhenda. Kuonesana. I applaude ZPF for standing staedfast against Ngochani. This is a practice inounzwa nemaforeigners. For yo info, gay society is full of rich people. They lure unsuspecting people with promises of good jobs and plenty money. Munhu otozojairira chongochani with time. Ende good basa racho unoriwana zveshuwa. Ini ndakaramba asi shamwari yangu akajoina society yacho apa hauzoti imari yaanayo. Ndinomunzwira tsitsi asi. Imagine move yemaWesterners kucutter buget yeUganda nekuti vakita outlaw chiGay. Some things we must resist as Africans. Lets keep our ubuntu. Money is not everything.

  6. @ People Power. Kana yakadaro manje ma1. I was referring to two people vano decider vega kuita zvinhu zvakadaro. Manje kana zvane kushandisirana mari mukati zvinotonetsa. Zvangofanana nemukadzi kana musikana ano sarudza kumira muna J Chinamano husiku achifugura dhirezi. But you did well nekuramba. I hope your friend sees the light too osiyana nazvo.

  7. Why prohibit marriage for those under 18yrs yet its lwaful for a 16year old to ve sex. It dosent make sense.

    1. do not mix the old and new const.does the new one say it is still legal to have sex at 16?

      1. It doesnt matter what the new one says but as it is that marriage be4 18 is criminal,its not practical coz we know it kids are having sex in schools.My question is in such cases what does the law say in case of pregnancies?or musikana ari form 4 that is 17yrs otizira mukomana otambira.what will the law do.lets be real,sex is being practised well be4 18 and outlawing marriage is just encouraging vanhu kuramba maresponsibilities nekurasana vana.They made a mistake here.Actual what was the motive of increasing the limit.

  8. The only good thing about that draft….go Moragn go go Mugabe go

  9. @People Power dont credit ZPF with evrythng gud done by Zimbos.We hate SAME SEX MARRIAGES or watever you call it ,its disgusting but we not ZPF we are a proud and schooled Zimbos.dont hide bhind yo fingers thinking you are hiding yo statements from us.Hopefully by sayng its foreign you mean even the friends from the east,i mean the chinese are also bringing that disgusting practise zimbabwe.

  10. 18yrs mazino chaiwo. Ngapaiswewo mutemo wekutesta virginity before marriage, so that men do nt engage in compensatory behavior afta varoora fake virgins

  11. Thank you very much for prohibiting such actions. Pamberi nemi kunyanya Cde R.G.

  12. people dont understand that you dont choose to be gay.stop judging and let God be the judge

    1. Vana Linda itai mushe. Kuita gay or lesbian is a choice. Hakuga hormone rinonzi gay hormone raitaurwa nevamwe, it was proved that it doesn’t exist. Kuita gay/lesbian is the same as kuita drug addict. You try it, it excites you, you defend it and the demons reigns supreme in you. THEN YOU GO ON TO CAMPAIN FOR THE DEMON. To hell with NGOCHANI. Zvakatangira kubvumidzwa in America kusina ma indigenous people; hence moral degradation is very high bcoz hakuta inonzi culture. But in Africa kune chinonzi culture saka hatidi kuti vana vedu varasike. Ndikaziva kuti mu line randinogara mune ngochani ndinochinja location.

  13. 100%Zimbabwen from Zvimba

    a constitution will not tell me what not to do and what to do in my bedroom.dream on.

  14. Ngochani ndizvo, am not gay but would want to test it.

  15. That Mugabe of yoz is so in denial, and he will never accept his homosexuality till the day he is dead, but God will take care of him, Zimbabwe has bigger problems and yet they put their main focus on homosexuality which is none of his business what happens in people’s bedrooms, they must create jobs for people and stop flooding hill brow with illegal immigrants

  16. Stabane who told you Mugabe is a homosexual. I am not a supporter of Mugabe but will agree with him when he says right things. And it’s not Mugabe fela but 99.9% of Zimbabweans that have said no. For your info heads of state don’t create employment. Investment does it. Don’t judge those immigrants because at one stage you South Africans as well as Zambians, Mozambican and Malawians once flooded the streets of Zimbabwe cities also. South Africans were the worst leaving a lot of school girls pregnant. Ke a go tsibisa wena.

  17. The Prime Minister’s son is Gay so he wanted to make space for him in the new Zimbabwe …. we cant blame him

    1. Uyanya

  18. Manje vari kukaurisa vamwe vavo like Gono, Jonathan Moyo, Kasukuwere, Chamisa……… Jus to mention a few

    1. Uyawumana, U Jonathan kuphela nguye oyingochani wayele girlfriend yakhe eyako Mpofu estudio

  19. kubvisana didinity hazvisizvo

  20. It doesnt matter what the new one says but as it is that marriage be4 18 is criminal,its not practical coz we know it kids are having sex in schools.My question is in such cases what does the law say in case of pregnancies?or musikana ari form 4 that is 17yrs otizira mukomana otambira.what will the law do.lets be real,sex is being practised well be4 18 and outlawing marriage is just encouraging vanhu kuramba maresponsibilities nekurasa vana.They made a mistake here.Actual what was the motive of increasing the limit.

  21. Kuda kuita musimba nedhoti chete chete kuti haribudi wakavhara nechinhu cheweti puuuu!!!!!!!! Vakadzi varikushaya varume . Gehena rinopisa manje muchamama

  22. I am not gay but I think our leaders are losing it by wasting time on things that are personal and it does not need any law for life for someone is not determined by them. I think there are important issues to look at than this give people affordable education and when they succeed they can chopse to stay in Zimbabwe or go abroad. Nowadays we live in a globaly village so do not waste time putting laws that will give you headaches in future. I think this law is just a waste if time and effort while the country is deteriorating. tipeyiwo maserious guys

  23. Apa vakagona, raramai makore akawanda

  24. I totally agree with the writer who said,we are now waisting time on less important issues,mbanje is illegal but iri kungosvutwa wani lets espagorate on important economic issues that can lead to economic growth,inasmuch as l am against guys and lesbains their activity does not affect me in anyway.God bless Zimbabwe.

  25. How is it that just anybody can create a weblog coupled with get as popular as this? Its not like youve said something especially impressive more like youve painted a quite picture around an issue that you know nothing about! I dont want to sound mean, right here. But do you actually think that you can get away with adding some fairly pictures coupled with not seriously say something?

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