Zambia Polygamy Debate Reignited as Lawyer Dickson Jere Argues Legal Recognition Could Shape Future Presidency
The ongoing debate on polygamy in Zambia has resurfaced after Lusaka-based lawyer and legal drafter Dickson Jere published a detailed opinion arguing that polygamous marriages are already legally recognized under Zambian law and could one day intersect with the country’s highest political office.
In his commentary titled “The Polygamy Debate,” Jere said his earlier suggestion that Zambia could one day have a polygamist President had triggered strong reactions, with critics citing religious and cultural views.
However, he maintained that legal interpretation should be guided by statutes rather than emotion or religious doctrine.
Customary Law and Legal Recognition of Polygamy
Jere argued that Zambia’s constitutional framework recognizes customary law, which in turn validates customary marriages—many of which are potentially polygamous.
He noted that while civil and church marriages are strictly monogamous, customary unions remain widely practiced, particularly in rural areas.
“Polygamy is allowed in Zambia. The only issue is when you marry under statute, then you have contracted a monogamous marriage,” he stated, emphasizing that the country effectively operates under a dual marriage system.
Reference to Existing Laws
The lawyer further pointed to provisions in the Intestate Succession Act, Chapter 59 of the Laws of Zambia, which he said explicitly acknowledges polygamous marriages in its legal definitions.
He highlighted that the Act defines marriage to include polygamous unions and even outlines how property distribution should be handled among multiple widows and their children in the event of death. According to Jere, such provisions demonstrate that polygamy is not only recognized but also practically regulated within Zambian law.
He added that Section 10 of the Act provides for equitable distribution of inheritance among widows or their children, reinforcing the legal system’s attempt to accommodate polygamous family structures.
Call for Legislative Clarity
Jere also weighed in on the proposed “Former Presidents and Former Vice Presidents Bill,” arguing that it requires clearer definitions—particularly around the term “spouse”—to avoid future legal ambiguity.
He warned that Zambia must anticipate future scenarios, including the possibility of a polygamous Head of State or Vice President, and ensure that legislation is drafted with sufficient clarity to address such realities.
Political and Religious Debate
Responding to arguments rooted in Zambia’s identity as a Christian nation, Jere said such positions should not override legal interpretation in matters of public policy.
He further noted that individuals from different religious backgrounds, including Islam, which permits polygamy, are also eligible to hold public office in Zambia.
“We should not shy away from the potential problem and clearly define who the ‘spouse’ of a former President is,” he said, calling for legal certainty in governance frameworks.
Conclusion
The remarks by Dickson Jere have reignited debate around marriage law, constitutional interpretation, and the intersection of cultural practices with state governance. While critics continue to challenge his views on moral and religious grounds, Jere maintains that Zambia’s legal framework already accommodates polygamous marriages and must be prepared for their implications at all levels of leadership.
As discussions continue, the issue highlights the broader question of how Zambia’s laws should evolve to reflect both legal realities and societal diversity.
