Marrying while in secondary school
My son is a form five student in a private school and just turned 19. I want him to marry before he completes his form six because I wish to have a grandchild and he is the only child I have. Considering he is above 18, can I proceed?
PT, Mwanza
Generally, marriage in Tanzania is governed by the Law of Marriage Act [Cap. 29 R.E 2019]. Under section 13 and 17 of this law, the minimum age of marriage is 18 years for males and 15 for females. A male or female under the prescribed minimum ages of marriage can marry only with consent of the father, mother, guardian or with leave of the Court. However, it is important to note that in 2019, the Court of Appeal in the case of Attorney General v. Rebeca Z. Gyumi, Civil Appeal No.204 of 2017 declared that the minimum age of marriage for both females and males to be 18 years.
However section 60A(1) of the Education Act [Cap.353 R.E.2002] as amended by the Written Laws (Miscellaneous Amendments) Act No. 4 of 2016 prohibits a primary or secondary school boy from marrying whether the female whom the school boy intends to marry is his fellow pupil/student or not. It does not matter also that the primary or secondary school boy who intends to marry and the female he intends to marry are both above the age of eighteen. The prohibition is based only on the fact that the boys is pursuing primary or secondary school whether in a private or public school.
Where a primary or secondary school boy marries a woman, both the school boy and woman married are guilty of an offence under section 60A (1)(a)(b) and (2) of the Education Act and both the husband and wife are liable to imprisonment for thirty years.
Whoever aids, abets, counsels or solicits a primary or secondary school boy to marry while the child is still pursuing his education is also guilty of an offence of aiding a school boy to marry contrary to section 60A(4) of the Education Act. The offence of aiding a school boy to marry attracts a minimum fine of TZS 5M or imprisonment for a term of 5 years or both a fine and imprisonment.