Namibia stands at a pivotal juncture, poised to affirm its commitment to justice and human dignity through passing of the long-awaited divorce bill in the National Assembly.
In a society where the sanctity of marriage is revered, the prospect of divorce can be met with mixed emotions.
Yet, as justice minister Yvonne Dausab aptly emphasised, the proposed divorce bill is not about dismantling families, but about extending a lifeline to those ensnared in dire circumstances, particularly individuals trapped in abusive relationships.
Worse is, in most cases, some of the most heinous crimes suffered by victims are committed by people from whom society only expect love, care and protection.
These includes fathers, husbands, wives, uncles, brothers, sisters and aunts.
For context, between 2021 and 2022, a total of 98 640 criminal cases were reported countrywide, showing an increase of 7%, compared to the previous year.
Out of those cases, the Khomas, Oshana and Otjozondjupa regions have the highest crime rates, whereas Kavango West, Kunene and Omaheke recorded the least number of cases.
Women and children, furthermore, continue to suffer sexual abuse by male offenders.
Statistics have revealed that from 2019 to July 2022, around 4 000 Namibian women fell victim to rape.
Therefore, Dausab’s resolute stance, articulated during her parliamentary address this week, underscores the humanitarian essence of this transformative legislation.
It is not merely a legal reform but a moral imperative, designed to offer solace and support to those grappling with the agony of irreconcilable marriages or the horrors of domestic violence.
One of the bill’s objectives is to facilitate the preservation of familial bonds for those who earnestly seek reconciliation.
By streamlining divorce proceedings and decentralising jurisdiction to magistrate courts, it alleviates the arduous financial and logistical burdens that often deter individuals from seeking legal separation.
The exorbitant costs associated with the current divorce process, as noted by Dausab, create an insurmountable barrier for many, perpetuating their entrapment in untenable situations.
Moreover, the bill’s provisions for child welfare are commendable. Recognising the vulnerability of children caught in the crossfire of marital discord, it mandates that their best interests always be paramount.
By delineating clear guidelines for custody, guardianship and access, it seeks to shield innocent lives from the collateral damage of marital strife.
Critics have voiced concerns regarding the bill’s alignment with existing legislation, particularly in light of the recent anti-same-sex marriage legislation.
Their apprehensions, while valid, should not impede the urgent enactment of the divorce bill.
Rather, they underscore the need for nuanced deliberation to ensure harmonisation with prevailing legal frameworks.
At its core, this bill embodies a progressive shift towards a more compassionate and equitable legal landscape.
By abolishing archaic grounds for divorce, and prioritising privacy and dignity in proceedings, it heralds a departure from adversarial practices that exacerbate emotional turmoil.
Additionally, its provisions for spousal and child maintenance, along with safeguards against unjust enrichment post-divorce, affirm a commitment to fairness and social justice.
Importantly, the bill’s significance extends beyond legal semantics. It embodies a beacon of hope for those ensnared in the suffocating grip of abusive relationships or irretrievably broken marriages.
By affording them a dignified exit from their torment, it empowers individuals to reclaim agency over their lives, and pursue pathways to healing and renewal.
Those elected to make decisions on behalf of the public should seize this moment to stand in solidarity with the marginalised and disenfranchised. Parliamentarians should uphold the sanctity of individual rights and freedoms – and to forge a future where every citizen can live free from the spectre of domestic tyranny.
They should not use this opportunity to settle personal scores and air fatuous grievances.