SCHOOL AND SADZA: CUSTODY AND THE BEST INTERESTS OF THE CHILD IN ZIMBABWE

Abstract

The concept of the best interests of the child in Zimbabwe must be considered not just at the level of the formal law, but also at the level of the ‘living law’ or the practices of the people. The formal law of custody focuses on the nuclear family and favours the mother, while in the living law, the best interests of the child are usually perceived to be congruent with those of the extended family, and the father's family is favoured. This produces a tension between the law and practice. The concept of the best interests of the child in custody decisions in practice is usually related to two basic issues: school and sadza. Sadza, which is the staple food of Zimbabwe, represents the child's immediate physical needs. School represents the child's long-term interests, which include education so that s/he can be self-supporting and a good relationship with the extended family. In conclusion, it is suggested that the study of the concept of the best interests of the child in its cultural context should include consideration of two key concepts, world view and possibility: world view in the sense that spiritual beliefs and values influence the content of the concept of the child's best inrercsts and possibility in the sense that the perception of a child's best interests differs according to the opportunities and resources available to him.