Guardianship refers to the legal authority given to an individual to manage the personal affairs or resources of another person. Guardianship often is used to give responsibilities of managing a child’s welfare which includes health, education and financial security. Courts in Zimbabwe assign guardianships in a number of situations, including when parents have abandoned a minor, when a minor’s parents have died, or when a minor’s parents are incapable of providing proper care for the minor. A legal guardian may be a family member; family friend or other person the court feels will act in the minor’s best interest.


The Constitution of Zimbabwe (Section 81 (2)) provides that, “A child’s best interests are paramount in every matter concerning the child”. The guiding principle in all matters brought before the Courts involving a child, is the promotion of the child’s best interest at all times. In Zimbabwe, the Guardianship of Minors Act regulates the law regarding minors, in accordance with the provisions of the Constitution.


The process of applying for Guardianship of a minor child is a complex and intricate process, as it may involve the awarding of a minor child’s material well-being to third party, often times a person that is not the natural parent.  Depending on the circumstances of each case, applications for Guardianship may be brought to the High Court (the upper guardian of all minors), or in the Magistrate’s Court sitting as a Children’s Court. Where the minor has no natural guardian (both parents are deceased) or tutor testamentary, an application for guardianship of the minor child is made to any Magistrate’s Court in terms of Section 9 of the Guardianship Act.


A Court will establish a guardianship only if it is in the best interests of the child. This will involve factors such as stability in the child’s upbringing or the ability of the proposed guardian to provide the child with proper care. After confirmation, a Certificate of Guardianship will be issued.


For any inquiries relating to Guardianship, Custody or any children’s rights or family law matters, kindly get hold of our Estates Practice Group on info@mmmlawfirm.co.zw