Mediation of Family Law Disputes in Zimbabwe

The Harare High Court in the case of Marijeni v Mufudze & Others 2002 (2) ZLR 498 (H) 500 observed that there was a deliberate attempt on the part of the judiciary to introduce mediation at the Pre – Trial Conference (PTC) stage in Zimbabwe as an alternative to trials. Two decades later, mediation has still not been introduced in Zimbabwe.

The South Africa legislature has embraced family law mediation, as an integral party of the judicial system by enacting the Mediation in Certain Divorce Matters Act 24 of 1987. The Gauteng High Court in MB v NB 2010 (3) SA 220 (GSJ) observed that mediation has the potential to produce remarkable results in the most unpropitious of circumstances, specifically when conducted by professionally trained and competent mediators.

The need for reform in the resolution of family disputes in Zimbabwe was first reported by the Harare High Court in the leading case of Galante v Galante (3) 2002 (2) ZLR 408 (H) which is also known as G v G 2003 (5) SA 396 (ZH) in South Africa.

The Honourable Smith J in Galante v Galante (3) 2002 (2) ZLR 408 (H) 426 – 427 held that:

“I would strongly recommend that the Law Development Commission give consideration to establishing a system in this country in which mediation is available. There should be some machinery in place whereby this court can, where it considers it to be necessary to determine what is in the best interests of the child, appoint an expert in the field who would be independent and who could report to the court with his or her recommendations. In looking into this matter the Law Development Commission should also, I feel, investigate the merits of introducing a system of Family Courts. The aim should be to introduce courts which are easily accessible, less formal and able to deal with domestic disputes more expeditiously. Where there is a dispute as to access to children, for example, the quicker the dispute is resolved and access rights defined, the better it would be for the children.”