Extending The Rights of Unmarried Fathers in Zimbabwe: An Exploration of the Sadiqi v Muteswa [2020] ZWHHC Case

Ruth Tafadzwa Nyamadzawo ORCID iD

Issue: Vol. 6 No.12 Article 26 pp. 3246 – 3256
DOI: https://doi.org/10.38159/ehass.202561226 | Published online 27th  November, 2025
© 2025 The Author(s). This is an open access article under the CCBY license (http://creativecommons.org/licenses/by/4.0/).

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Unmarried fathers  experience significant problems when seeking visitation, custody, and guardianship rights for their children. There has been little research on the constitutional position of an unmarried man in a Zimbabwean context. This gap makes it challenging to research the legal complexities and disadvantages that unmarried fathers face. Through a doctrinal legal research approach, this article explored the current Zimbabwean legal position of unmarried fathers by analyzing the judgment of Sadiqi v Muteswa [2020] ZWHHC 249. In this case, an unmarried father contested the common law position that an unmarried child’s mother was the sole guardian with sole custody rights over their child, as he requested to be recognized as a joint guardian. The findings of the case demonstrated that the best interest of the child carries weight and is considered by the courts, who are cognisant of the rapid changes in family patterns and redefined relationships in modern times. The Court  granted the unmarried father custody of the child, moving away from the traditional and common law position. It also emphasized that the child’s best interests must take precedence over prolonged litigation. The court further held that where there was existing parental agreements  the doctrine of estoppel could not be used as a defense affirming the father’s right to custody. This case offers important insight into Zimbabwe’s evolving family law, affirming that unmarried fathers may be granted custody where it serves the child’s best interests. It marks a progressive shift toward inclusive parental rights.

Keywords: Unmarried Father, Guardianship, Custody, Best Interest, Parental Agreements, Zimbabwe.

Cases

Alice Magodora v Blessing Moses Nduna (2023) HH 157‑23 (High Court of Zimbabwe, Harare).

A.V.S v H.V.S, unreported case.

Basic Conditions of Employment Act 75 of 1997.

Birth Registration Act 51 of 1992.

Children’s Act 38 of 2005.

Children’s Amendment Act 17 of 2022.

Docrat v Bhayat 1932 TPD 125.

Edwards v Flemming 1909 TH 232.

Government of the Republic of South Africa v Grootboom 2001 (1) SA 46 (CC).

Guardianship Of Minors Act (Chapter 5:08).

Katedza v Chunga & Another [2003] ZWHHC 50.

Mkudu v Manyonda and Others (262 of 2025) [2025] ZWHHC 262 (17 April 2025)

Mtengwa v Mtengwa 2010 (1) ZLR 312 (H).

Muteswa v Sadiqi (131 of 2021) [2021] ZWSC 131 (7 June 2021)

RRS v DAL (WCHC) (unreported) case number 22994/2010.

Sadiqi v Muteswa (HC 3971 of 2019; HH 249 of 2020) [2020] ZWHHC 249 (18 March 2020)

Sadiqi v Muteswa and 6 Others (132 of 2021) [2021] ZWSC 132 (18 October 2021)

Scott v Shiri and Others (70 of 2024) [2024] ZWBHC 70 (29 February 2024).

Tiwandire v Chiponda [2004] ZWBHC 12.

Van Wyk v Minister of Employment and Labour [2024] 1 BLLR 93 (GJ); (2024) 45 ILJ 194 (GJ); 2024 (1) SA 545 (GJ).

Unemployment Insurance Fund Act 63 of 2001.

Others

Anon. “Registration of a Child’s Birth: Unmarried Fathers No Longer Treated Differently from Married Fathers.” African Legal Information , February 6, 2022.

Anon. “ Fatherhood and the Law: A Quiet Shift in Zimbabwean Family Rights.” Accessed April 2, 2024. https://www.honeyb.co.zw/fathe. Accessed 2 April 2024 https://www.honeyb.co.zw/fatherhood-and-the-law-a-quiet-shift-in-zimbabwean-family-rights/.rhood-and-the-law-a-quiet-shift-in-zimbabwean-family-rights/.

Bhaghamma, G. “A Comparative Analysis of Doctrinal and Non-Doctrinal Legal Research.” ILE Journal of Governance and Policy Review 1, no. 1 (2023): 88–94.

Bijl, Charnelle Van der. “Considering Parental Alienation under the Aegis of the Criminal Law.” South African Journal of Criminal Justice 29, no. 2 (2016): 140–57.

Broadhurst, Karen, and Claire Mason. “Child Removal as the Gateway to Further Adversity: Birth Mother Accounts of the Immediate and Enduring Collateral Consequences of Child Removal.” Qualitative Social Work 19, no. 1 (2020): 15–37.

Cloete, Clireesh Terry. “ The Consequences of a Successful Estoppel Defence: A Constitutional Analysis.” Stellenbosch University, 2021.

Currie, Iain, and Johan De Waal. The Bill of Rights Handbook. Juta and Company Ltd, 2013.

Davies, Patrick T, Lucia Q Parry, Sonnette M Bascoe, Meredith J Martin, and E Mark Cummings. “Children’s Vulnerability to Interparental Conflict: The Protective Role of Sibling Relationship Quality.” Child Development 90, no. 6 (2019): 2118–34.

Forslund, Tommie, Pehr Granqvist, Marinus H Van IJzendoorn, Avi Sagi-Schwartz, Danya Glaser, Miriam Steele, Mårten Hammarlund, Carlo Schuengel, Marian J Bakermans-Kranenburg, and Howard Steele. “Attachment Goes to Court: Child Protection and Custody Issues.” Attachment & Human Development 24, no. 1 (2022): 1–52.

Gales, Narcisa, and Dumitrita Florea. “Best Interests of the Child-The Legal Determination of the Principle.” Eur. JL & Pub. Admin. 8 (2021): 15.

Harman, Jennifer, Christine Giancarlo, Demosthenes Lorandos, and Brian Ludmer. “Gender and Child Custody Outcomes across 16 Years of Judicial Decisions Regarding Abuse and Parental Alienation.” Children and Youth Services Review 155 (2023): 107187.

Holmes, Erin Kramer, Braquel R Egginton, Alan J Hawkins, Nathan L Robbins, and Kevin Shafer. “Do Responsible Fatherhood Programs Work? A Comprehensive Meta‐analytic Study.” Family Relations 69, no. 5 (2020): 967–82.

Johnston, Janet R, and Matthew J Sullivan. “Parental Alienation: In Search of Common Ground for a More Differentiated Theory.” Family Court Review 58, no. 2 (2020): 270–92.

Lobaka, Simon Tebogo. “The Failure of the South African Family Law System in Custody Battles: A Father’s Perspective.” South African Review of Sociology 54,no.2(2024): 177–99.

Madhavan, Sangeetha, Linda Richter, Shane Norris, and Victoria Hosegood. “Fathers’ Financial Support of Children in a Low Income Community in South Africa.” Journal of Family and Economic Issues 35, no. 4 (2014): 452–63.

Makondo, Livingstone. “Ethnicity and Matriarchal Protest: A Case of Dialoguing Shona Personal Names.” Names 56, no. 1 (2008): 10–18.

Maree, C. “Parental Alienation Can Be Overcome.”  De Rebus, August 1, 2018. https://www.derebus.org.za/parental-alienation-can-be-overcome/.

Mayeri, Serena. “Foundling Fathers:(Non-) Marriage and Parental Rights in the Age of Equality.” Yale LJ 125 (2015): 2292.

Mbulayi, Shingirai Paul, and Simon M Kang’ethe. “Psychosocial Deficits Associated with Teenagers Born and Raised in a” Small-House” Family Setting in Cherutombo in Marondera, Zimbabwe.” Social Work/Maatskaplike Werk 56, no. 1 (2020): 97–108.

Osborne, Augustus, and Bright Opoku Ahinkorah. “The Paternal Influence on Early Childhood Development in Africa: Implications for Child and Adolescent Mental Health.” Child and Adolescent Psychiatry and Mental Health 18, no. 1 (2024): 156.

Pradeep, M. D. “Legal Research-Descriptive Analysis on Doctrinal Methodology.” International Journal of Management, Technology and Social Sciences (IJMTS) 4, no. 2 (2019): 95–103.

Pruett, Marsha Kline. “Parenting Plans Following Separation/Divorce: Developmental Considerations.” Encyclopedia of Early Childhood Development: Divorce and Separation, 2011, 21–25.

Purvis, Dara E. “The Constitutionalization of Fatherhood.” Case W. Res. L. Rev. 69 (2018): 541.

Rabanal, Ma Angelita S. “Academic Struggles and Hitches: Listening to Voices of Children Born Out-of-Wedlock.” Solid State Technology 63, no. 5 (2020): 1983–98.

Scott, Elizabeth S, and Robert E Emery. “Gender Politics and Child Custody: The Puzzling Persistence of the Best-Interest Standard.” Law & Contemp. Probs. 77 (2014): 69.

Shepherd, Robyn. “ Legal Analysis: The Role and Impact of Parenting Plans Under South African Law.” Family Law , September 18, 2024.

Smith, Petunia, Grace Khunou, and Motlalepule Nathane-Taulela. “Are You Your Father’s Child? Social Identity Influences of Father Absence in a South African Setting.” Journal of Psychology in Africa 24, no. 5 (2014): 433–36.

Sussarah, Nell, and Glynnis Dykes. “Best Interests of the Child -Difficulties with Interpretation and Application.”  De Rebus DR 22, 2024.

Vengesai, Priccilar. “The Rights of Women in Unregistered Customary Marriages in Zimbabwe: Best Practices from South Africa.” Law, Democracy and Development 28 (2024): 215–36.

Yogman, Michael, Craig F Garfield, Nerissa S Bauer, Thresia B Gambon, Arthur Lavin, Keith M Lemmon, Gerri Mattson, Jason Richard Rafferty, Lawrence Sagin Wissow, and Committee on Psychosocial Aspects of Child and Family Health. “Fathers’ Roles in the Care and Development of Their Children: The Role of Pediatricians.” Pediatrics 138, no. 1 (2016).

Dr. Ruth T Nyamadzawo is a post-doc fellow at ICON (International Centre of Non-violence, Durban University of Technology), whose research interests focus on human rights, with emphasis on children’s and women’s rights, restorative justice, corporal punishment, migration, inclusive education, and the rights of persons with disabilities.

Nyamadzawo, Ruth Tafadzwa.“ Extending The Rights of Unmarried Fathers in Zimbabwe: An Exploration of the Sadiqi v Muteswa [2020] ZWHHC Case.” E-Journal of Humanities, Arts and Social Sciences 6, no. 12 (2025): 3220 – 3231, https://doi.org/10.38159/ehass.202561226

© 2025 The Author(s). Published and Maintained by Noyam Journals. This is an open access article under the CCBY license (http://creativecommons.org/licenses/by/4.0/).

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