Fatherhood in Zimbabwe has long been framed around financial obligation. But in 2025, the law tells a different story. It is a story where presence, decision-making, and care matter just as much as provision. This Father’s Day, it is worth asking: what rights do fathers actually have, and what role does the law now expect them to play?

1. It’s Not Just a Title: It’s a Right

Under our 2013 Constitution, every child has the right to parental care from both parents. Section 81(1)(d) affirms:

“Every child has the right to family or parental care, or to appropriate care when removed from the family environment.”

Importantly, this applies whether the parents are married or not.

Insight: Family dynamics in Zimbabwe are changing, and the law is evolving to recognise that both parents matter, regardless of marital status.

2. Guardianship: From Mother-Only to Equality

Until recently, unmarried fathers had virtually no legal standing in decisions involving their children.

But the Guardianship of Minors Amendment Act (2022) changed that:

  • Either parent may now be awarded joint or sole custody. Custody is no longer automatically granted to the mother.
  • Courts must consider the child’s best interests, including emotional bonds with both parents.
  • Fathers now have the right to participate in major decisions involving education, religion, health, and relocation.

3. Children’s Act Update: Rights Now Backed by Statute

The Children’s Amendment Act (2023) aligned the Children’s Act with the Constitution, reinforcing shared parental responsibility. Its purpose is to reinforce shared parental responsibility and promote the child’s best interests in all decisions.

  • It removes outdated legal assumptions that treated mothers as default caregivers.
  • It acknowledges that both parents play vital roles in a child’s life.
  • It provides a legislative foundation for joint parenting even outside of marriage.

Insight: Before recent reforms, shared custody was rarely awarded to unmarried fathers, even in cases where they were active and engaged.

4. Case Law Spotlight: Sadiqi v Muteswa HH 249-20

In this landmark High Court decision, the Court recognised the constitutional rights of an unmarried father to both custody and guardianship of his child.

“It is unfair discrimination to deny a child the benefits of associating with his or her biological father, which is an aspect of parental care, on the mere ground of the marital status of the parents at the time that he or she was born. The principle of the common law in this respect is inconsistent with section 81(1)(a) and section 56(1) and (3) of the Constitution of Zimbabwe.”

The Court rejected the outdated assumption that mothers are automatically better suited for custody. It held that each parent’s suitability must be assessed on the facts and guided by the best interests of the child.

This case confirmed that parenting is not a fallback duty for fathers. It is a constitutional right that must be respected.

5. What You Can Do Now as a Father

You now have legal standing to:

  • Apply for custody or joint guardianship
  • Be consulted before major decisions are made
  • Challenge unfair restrictions on access or contact
  • Enforce your parental rights beyond financial support

6. Still an Uphill Road, But With Legal Ground

Having rights is the starting point. Enforcing them takes action. Social attitudes and some court practices may take time to catch up. But the legal position is clear:

  • Fathers matter.
  • Children need both parents.
  • The Constitution, the amended Children’s Act, and the courts now support meaningful fatherhood.

7. A Father’s Day Message

This Father’s Day, we recognise that fatherhood is not just a role. It is a legally protected relationship that deserves to be respected and enforced.

Whether you are seeking custody, joint guardianship, or the right to be consulted on major decisions affecting your child, the law now gives you a voice. Constitutional protections and recent amendments to the Children’s Act mean that your role as a father cannot be sidelined without proper justification.

If you feel uncertain about your rights or your place in your child’s life, our legal team is here to support you. We can help you understand your options and take steps that uphold both your role as a father and the best interests of your child.

Ruvimbo T Muzonzini & Heather Basket

Associates