The Constitutional Court of Zimbabwe has struck off the roll an application brought by Linda Masarira against High Priest Noah Taguta and his church, the Johanne Marange Apostolic Church.

Masarira who is the President of the Labour Economist Afrikan Democrats (LEAD) party was suing the Johanne Marange church for marrying off underage girls. She filed the application together with Munyaradzi Midzi and Precious Nyaradzo Musarurwa and they were being represented by lawyer Ms Jacqueline Sande in the court case.

The three argued that the Johanne Marange Apostolic Church doctrine has been used for years to pressure young girls to enter into marriage and to indulge in sex before they reach the legal age of consent. They alleged that all this has been happening without the church facing any legal penalties for their actions. The Constitutional Court outlawed child marriages five years ago but cases have been steadily increasing with apostolic sects being named as the main culprits. To this effect, the applicants further alleged that the continued existence of child marriages was due to the government not aligning child protection laws with the Constitution, hence them naming the government officials in the case. Listed as respondents in their official capacities were the Attorney General of Zimbabwe, Ministers of Justice Legal and Parliamentary Affairs, of Home Affairs and Cultural Heritage and of Women’s Affairs, Community, Small and Medium Enterprises Development.

A 16year old child can consent to sex but can only get married when they turn 18 years of age.

The lawsuit sought an urgent alignment of the Marriages Act and the Customary Marriages Act with the Constitution within six months. The application came to be because of a recent case where 15-year-old Anna Machaya died while giving birth at a Johanne Marange shrine in Marange, Manicaland.

In response to the lawsuit Makore Legal Practitioners who represented the church said that there was no evidence to show that the church officiates, encourages, participates and endorses child marriages. They argued that applicants must establish specific proof against the respondents since they have sought relief against them. In addition, they argue that the fact that there is a case pertaining to Anna Machaya is not proof of facts of the case but the facts must be alleged and established. The Machaya case is yet to be finalised and the facts which must be established are lacking and it would therefore be in the interests of justice to have the criminal court seized with the matter brought to finality. They argue that their clients do not support child marriages and exploitation of women and children. But on the contrary, in every congregation in which the words of the respondent are repeated, believers are warned that the church does not sanction or support child marriages. The key dispute was that Taguta and the Marange church were involved in the Machaya case on the facts as alleged yet the criminal courts are still seized with the matter.

In response, the State points out that the Parliament of Zimbabwe is in the process of enacting the Marriages Act which will see the alignment of both the Marriages Act as well as the Customary Marriages Act. The nature or the order being sought by the applicants was judged as incompetent as the four officials can no longer control the process which has already been set in motion in Parliament due to the doctrine of separation of powers. It was also argued that the matter of Anna Machaya was already in the criminal court with suspects being charged. The state further states that there was no need to drag this matter to constitutional court since the Bill is undergoing due processes. It suggests that if the applicants feel that Parliament is dragging in passing the Bill they should then sue Parliament. They also pointed out that the criminal courts are currently hearing the matter of Anna Machaya and the perpetrator is being prosecuted, hence the application was dismissed.