The wedding is set for Saturday and regional leaders and numerous other dignitaries are expected to attend.
Delivering the judgment, Guvava said Karimatsenga approached the wrong courts as cited in Tsvangirai’s opposing affidavit.
Justice Guvava said, as provided for under Section 19 of the Marriage Act 5:1, only a Marriage Officer, at the level of the Magistrates’
Court, can nullify the impending ceremony given the merits of the argument.
“TheHigh Court cannot take over the powers of the Magistrates Court, as doing that will be tantamount to instituting legislative changes through the back-door. The applicant, however, has alternative remedies to which she could have her matter dealt with, that is at the Magistrates’ Court or the officer who is going to solemnise the marriage,” said Guvava.
“Legislation recognises the customary marriage for certain purposes.
The applicant has failed to lay a proper legal basis for the claim”, said Guvava.
Celebrating the victory, Innocent Chagonda, who represented Tsvangirai, said: “We were anticipating this judgment .What it now means and what has come out of the judgment clearly is that the Prime Minister can now go ahead with the wedding.”
But defence lawyers, Everson Samukange, Dumisani Mtombeni,and Tafadzwa Hungwe, said they were objecting to the judgment but would go back to the magistrates’ court.
“We are right now going to approach the magistrates’ courts to lodge our complaint and we are not going to let the rights of our client be abused.
“To us, it is not only about our client but the rights of women of Zimbabwe. From this judgement, we expect women organisations to rise against being abused as the judge indicated ,”the lawyers said.
Tsvangirai intends to wed Elizabeth Macheka in Harare but Karimatsenga is pushing to stop the ceremony, arguing that the premier is still her husband.
He paid a bride for her but later dumped her for Macheka.
The wedding is slated to take place at the upmarket Rain Tree Lodge in Harare.
Post published in: News