Abstract

MSUYA, Norah Hashim. The analysis of child marriage and third-party consent in the case of Rebeca Z. Gyumi v Attorney General Miscellaneous Civil Case no 5 of 2016 Tanzania High Court at Dar es Salaam. De Jure (Pretoria) [online]. 2019, vol.52, n.1, pp.295-315. ISSN 2225-7160.  http://dx.doi.org/10.17159/2225-7160/2019/v52a18.

The Tanzanian High court handed down the remarkable judgment in Rebeca Z. Gyumi v Attorney General Miscellaneous Civil Case No 5 of 2016 HC Dar es Salaam on July 8, 2016. 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 1977 (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 2017. 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.

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