This is an appeal on a Constitutional matter which was
initially lodged and entertained by the High Court of Tanzania at Dar es
Salaam. In her petition before the High Court, the Respondent challenged the
constitutionality of sections 13 and 17 of the Law of Marriage Act [Cap 29 R.E.
2002] (LMA). The said sections require consent of parents or court for girls
below 18 years before marriage and at the same time, section 13(1) and (2) of
the LMA allows a female person to get married at the age of 15 years and a male
person to get married only upon attaining the age of 18 years. Thus, the
Respondent argued that the said provisions of the LMA offend the provisions of
Articles 12, 13 and 18 of the Constitution of the United Republic of Tanzania,
1977 as amended from time to time. She therefore sought the declaration that
the said provisions are null and void, must be expunged from the statute and 18
years should remain the minimum marriage age until the Government amends the
law.
Upon close scrutiny of the submissions by both parties, the High
Court was satisfied that the provisions of sections 13 and 17 of the LMA are
discriminatory as they uphold different treatment to persons of similar
situations hence offending the principle of equality enunciated by Articles
12(1) and 13(1) of the Constitution. However, the High Court did not declare
the said provisions of the LMA null and void; instead, it found them to be
unconstitutional. The Appellant, the Attorney General, was aggrieved and hence,
the current appeal.