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

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.