SADIQI v MUTESWA 2020 (1) ZLR 704 (H)

2020 (1) ZLR p704

Flynote

Constitutional law – Constitution of Zimbabwe 2013 – national objectives – children (s 19) – rights of children (s 81) – protection from discrimination (s 56) – common law rule that mother is sole guardian and custodian of minor child born out of wedlock – constitutionality of – constitutional provision requiring best interests of child to be paramount consideration in all matters affecting child – effect of – protection against discrimination – relevance of marital status and whether or not child was born in or out of wedlock

Estoppel – defence of – applies only to factual representations and not to representation about legal position

Family law – child – child born out of wedlock – common law rule that mother of child born out of wedlock has custody and guardianship of child, not the father – whether rule constitutional and in best interests of child