HARARE - Prime Minister Morgan Tsvangirai will proceed with his wedding to fiancée Elizabeth Macheka this Saturday after the High Court threw out his ex-lover, Locadia Karimatsenga’s bid to have the nuptials stopped.

In her ruling yesterday, High Court judge Antonia Guvava, said the court does not have jurisdiction over the matter.

“Section 19 of the Marriage Act sets out the procedure that must be followed. It is my view that the applicant (Karimatsenga) should have raised the issue with the marriage officer or magistrates’ courts. This court has no right to reserve the rights of the magistrates’ courts…that will be tantamount to amending the legislature. I was not persuaded that it was the function of the court to amend the law,” said Guvava.

She said the High Court does not have powers to nullify the duty of the magistrates’ court since they are separate courts.

“This court cannot evoke its powers to set aside the powers of other courts,” said Guvava.

Guvava said Karimatsenga and her lawyers failed to convince the court that the matter was urgent saying the property broker who professes to have been ignorant of the wedding dates until last week, still has a remedy to file her objection even at this stage at magistrates’ courts.

Karimatsenga is represented by Jonathan Samukange of Samukange and Venturas while Tsvangirai is represented by Innocent Chagonda and Advocate Mpofu.

The judge also dismissed Karimatsenga claims that she was traditionally married to Tsvangirai on the basis that if a customary marriage is not solemnised then it is invalid.

She said that Karimatsenga should have taken necessary steps, since last year to ensure that the marriage was registered and failed to do that.

The situation for women in Karimatsenga’s situation according to Guvava is compounded by the existence of parallel legal systems in the country.

Under the law, customary unions are recognised if there are solemnised by a marriage officer while Chapter 5:11 is also recognised as legal.

On the admissibility of evidence in the high profile case that could have caused a huge a diplomatic embarrassment for Tsvangirai, Guvava said Karimatsenga failed to produce necessary evidence that would prove that a marriage existed.

In an interview after the ruling Tsvangirai’s spokesperson, Luke Tamborinyoka said the wedding is on this Saturday as scheduled.

“We welcome the ruling and the Prime Minister will proceed with his wedding.”

Tsvangirai’s lawyer Chagonda said from the onset they knew that Karimatsenga had no case.

“This is exactly what we expected. We didn’t expect it to go any other way and the judge has dealt with it comprehensively. What is clear now is that the Prime Minister can proceed with his wedding.

“What is important is that there is nothing that stops the PM from contracting the marriage in terms of Chapter 11. The court has made it clear that even if one was to assume that the applicant was married to the Prime Minister that does not stop the wedding because Locadia’s marriage has no recognition."

“It is not a valid marriage for purposes of allowing the court to interdict a marriage in terms of the Marriage Act,” said Chagonda.

However, Karimatsenga’s lawyers are not giving in just yet.

Everson Samukange, one of the lawyers, said they did not agree with the judgment and said they would file an objection with the magistrates’ court.