who are the only parties to a marriage contrary to the provisions of Art 31(3) of the Constitution which provides that marriage shall be entered into with the free consent of the man and woman intending to marry; (h) Whether the payment of “bride price” by a man intending to marry a woman is a condition of inequality in marriage contrary to the provision of Art 31(3) of the Constitution which demands that men and women shall be accorded equal rights in marriage and its dissolution; (i) Whether the demand and payment of “bride price” as a condition precedent to a customary marriage and the demand of the refund of “bride price” as a condition to the dissolution of a customary marriage are customs that are practiced in pursuit of a person’s culture which right is guaranteed in Art 37 of the Constitution; (j) Whether the demand for “bride price” as a condition precedent to a customary marriage and the refund thereof as a condition precedent to a dissolution of a marriage, makes the woman a commodity which lowers her dignity contrary to the demands of Art 33(1) of the Constitution; (k) Whether the demand for refund of “bride price” does not take into account the contribution of the woman in the home contrary to Art 33(4) of the Constitution which demands that women shall have equal opportunities with men; (l) Whether the custom of “bride price” causes domestic violence so that the woman is subjected to cruel and degrading treatment by the man who treats her as a commodity that must give total submission, contrary to Art 33(1) of the Constitution; (m) Whether the demand for “bride price” as a condition precedent to the burial of a bride dying before her husband has paid bride price is a custom repugnant to good conscience; or whether a person cannot be a husband when he has not paid ‘bride price’; (n) Whether the custom of the demand for the refund of the “bride price” stifles the consent of the parties to the marriage to dissolve the same contrary to Art 33(3) of the Constitution which demands that a marriage between a man and woman must be by their consent. Principles of constitutional interpretation. Before I consider the issues above, I will here below state the principles of constitutional interpretation that will guide me in doing so. 25

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