Aletta Shikololo Minister of Justice Yvonne Dausab has announced new proposed divorce legislation is in the final stages of drafting with hopes for tabling in the National Assembly by the end of the financial year. She said this in response to New Era’s enquiries on the status of the long-awaited Divorce Bill.

Dausab tabled the motion to update the divorce law in parliament last year. The move aims to remove the fault-based system on which divorce is sought and granted, based on the common law principle that “no spouse should profit from the marriage that he or she has destroyed.” “This new proposed piece of legislation is in its final stages of drafting and thereafter will be forwarded to attorney general for certification before tabling in the National Assembly, hopefully before the end of this financial year (to be tabled in the second session),” said Dausab.

Taking into account the peculiarities of contemporary society, she said the current law no longer reflects Namibia’s existing socio-economic conditions, as most of the law has been rendered obsolete by enacting other laws. “For instance, not all marriages break down as a result of the four current grounds of divorce: adultery, habitual criminality, mental disability, or malicious desertion for prolonged periods,” she said, adding that the proposed introduction of a single-ground based on the irretrievable breakdown is consistent with contemporary society’s realities. The new proposed piece of legislation aims to reduce the trauma experienced by parties and the children of the marriage by removing the mandatory restitution of conjugal rights, which often aggravates family conflict and increases occurrences of domestic violence.

The current divorce law also places a financial burden on the poor and vulnerable, who cannot afford the high legal costs. Dausab said the proposed law promotes “DIY” divorces, which will speed up the finalisation of divorces. “The current fault-based system of spousal maintenance is also under review. The dissolution of a marriage is a private and personal event. Even though we get married in great public display, the proposed law aims to provide for the privacy and restriction of publication of certain divorce proceedings and proceedings of annulment of marriage to protect children and the parties themselves,” she further stated. The ministry has proposed that the jurisdiction of divorce matters be extended to magistrates and possibly regional courts to bring these courts where cases can be heard closer to the people. Rally for support The proposed law has received support from several lawmakers, especially women, who argue that the current legislation disproportionately disadvantages women.

Member of Parliament Esther Muinjangue of Nudo said the call for reforming these laws will advantage women because “even when you are unhappy in marriage, somehow they are forced to remain because of the complications that go into applying for a divorce”. She said that this would liberate women from making decisive matters when it comes to their marriages. “It is also not just the law; we also need to change the ways of how things are done, even traditionally,” said Muinjangue, referencing her personal experience. She said that she was also disadvantaged by the same law and traditions when she went through her divorce. “Every person deserves to live peacefully and make decisions that will bring them and their loved ones stability, security, and love,” she said during a debate in parliament recently. Swapo member of parliament, Evelyn !Nawases-Taeyele shared similar sentiments: “I totally agree, and I am glad we are already on the right path to reforming such laws. First, however, we must strive towards making laws easier for implementation.” - ashikololo@nepc.com.na