The analysis of child marriage and third-party consent in the case of Rebeca Z. The Tanzanian High court handed down the remarkable judgment in Rebeca Z. The court considered whether sections 13 and 17 of the Act violate the right to equality, the right to expression and receipt of information as provided for under Articles 12, 13, 18 and 21 of the Constitution of the United Republic of Tanzania hereinafter referred to as the Constitution.
The court therefore ordered the government to review the law in accordance with its obligations under international human rights law, with a view to setting the age of marriage at 18, with the full consent of the girl, and without exceptions. However, the Tanzanian government filed an appeal against this High court judgment on September In the light of the foregoing, this study analyses the above judicial decision, highlights the areas where the ruling makes a significant jurisprudential contribution and examine the impact of third-party consent to child marriage and early marriage on human dignity.
The Act permits a girl child under the age of 18 to marry with the consent of a third party such as a parent or guardian. Section 13 1 of the Act specifically deals with the minimum age of marriage and sets the minimum age at 18 for boys and 15 for girls with parental consent to marry. While, section 17 of the Act permits girls from 15 years to get married with the consent of their parent or guardian.
This precedent-setting case was petitioned by Rebeca Gyumi, who is the director and founder of the msichana initiative, a non-governmental organisation that advocates for the rights of women and young girls. The petitioner sought two orders from the court, one that the court declare the provisions of sections 13 and 17 of the Act null and void, as far as they relate to the girl child.
Furthermore, to expunge them from the statute and thereafter declare 18 as the age of competence, making both girls and boys eligible to enter into marriage without any exceptions.
