A heated debate ensued in the National Assembly as Deputy Minister of Home Affairs, Lucia Witbooi, rejected amendments proposed by the National Council to the Marriage Bill.

The amendments aim to define customary marriages as those recognised under Namibian customary law or the customs of other countries, while excluding same-sex marriages, even if valid abroad. 

Additionally, the amendments sought to prevent couples in customary marriages from opting for a matrimonial property regime that allows community of property.

The National Council's amendments state that the Bill's primary objective is to regulate the solemnisation of marriages and validate certain unions. The Bill's focus on civil marriages was highlighted, while leaving the regulation of customary marriages to future legislation dedicated to their registration.

Witbooi contended that these amendments unfairly disadvantage women under customary law, arguing that the changes were not intended to regulate customary marriages but to address the implications of civil marriages.

"The proposed deletion by the National Council creates a precarious position of inequality of spouses under customary law, especially women; for this reason respectfully move that the proposal amended by the National Council be rejected by this august house. The clauses in question are not intended to regulate customary marriages as argued by the NC; they are intended to make provision for how customary marriages have a bearing on civil marriages."

Other members of parliament made their contribution.

"NC made some amendments to some some clauses will it not be fair if we could have that specific amendment that they have proposed with the ministry that submitted the bill say on the basis of the amendenment it is now submitted to the house we have looked at the proposed amendment from the NC we therefore respectfully ask this house not to except those amendments but to stick to the original, said Swapo MP, Tjekero Tweya.

Justice Minister Yvonne Dauseb added that "the fact that we are not accepting the amendment in this particular bill does not in any way suggest that we are rejecting customary marriages thats incorrect; what we are doing is to separate the two."


UDF's Dudu Murorua said, "What if a couple is already in a civil marriage and then one is in a customary marriage? How should it then be, because now we are only talking about when one of them is in a customary marriage and another is already in a civil marriage, who will lose out and who will win when one falls out."

Deliberation on the amended bill was postponed to next week.

-

Category

Author
Joleni Shihapela