KEETMANSHOOP – Discriminatory and apartheid-era laws need to be amended as a matter of urgency, says Yolandé Engelbrecht, a paralegal for the gender research and advocacy project at the Legal Assistance Centre (LAC).
Engelbrecht said this during a training session for professionals on the Child Care and Protection Act (CCPA), which forms part of family laws in Namibia in Keetmanshoop last week.
She explained that understanding this new CCPA that came into effect in 2019 is one part of it, but implementing it correctly is quite challenging.
“Hence the objective of this training by the LAC is to discuss this Act in order to become user friendly,’’ Engelbrecht emphasized, citing marriages in accordance with the ‘red line’ customary law as one of the previous apartheid laws, she raised the concern that it affects partners negatively when it comes to them divorcing at some stage of their marriage.
“This law does not allow for couples to enter into matrimony in community of property, thus resulting in many conflicts when it comes to the distribution of assets and finances should one partner dies,’’ she said.
The paralegal added since this Act only applies to areas in the country north of Oshivelo, traditional values are always in conflict with this.
She also said that in some instances white people married off black persons in this area, not aware of the laws applicable when they are getting divorced, thus disadvantaging them at the end of the day.
Another example of these laws, according to her, is the law pertaining to sodomy.
“If two men are found having sex, it is described as sodomy, which is a criminal act, but in the case of two women found to be having sex, the law is silent, which is highly discriminatory,’’ she then argued.
Engelbrecht went on that this apartheid law should be amended or scrapped since it infringes a person’s human right to equality when it comes to application of the law.
While elaborating on marriages between Namibians and foreigners in terms of Namibian law, she regarded this in some instances as a comfortable ‘business transaction’.
“When these people got married, current legislation determines that, if they get divorced after a period of two years the foreign partner is allowed to stay in Namibia as a permanent resident,’’ the paralegal explained.
Engelbrecht also said some foreigners have exploited this loophole before, disappearing to their place of origin after marriage, only to return just before the two-year period lapsed in order to qualify for staying in Namibia.
– sklukowski@nepc.com.na