One person, one marriage!The Law Reform and Development Commission has developed a proposal for a new law on the recognition of customary marriages. This proposal was the result of consultation with many traditional leaders and with organisations such as the Legal Assistance Centre, the Law Society of Namibia Namibia (nämĭb`ēə), officially Republic of Namibia, republic (2005 est. pop. 2,031,000), c.318,000 sq mi (823,620 sq km), SW Africa. and the Council of Churches in Namibia. ********** The Legal Assistance Centre (LAC) has now produced a summary of this proposed law reform. "This summary will help you understand the law reform that is being proposed," says the LAC document. "Your feedback is important. Laws are made to serve the people of Namibia. You can state your opinion directly to the Ministry of Justice, or the MPs who represent you in Parliament. The Legal Assistance Centre will also collect feedback from different parts of the country and pass it on to the government." Background information According to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. the 2001 census census, periodic official count of the number of persons and their condition and of the resources of a country. In ancient times, among the Jews and Romans, such enumeration was mainly for taxation and conscription purposes. , not many people in Namibia get married in terms of customary law. More than half of the Namibian population aged 15 and above have never been married (56%). About 19% of all Namibians This is a list of Namibians who are famous. Actors
n. 1. A woman whose husband has died and who has not remarried. 2. Informal A woman whose husband is often away pursuing a sport or hobby. 3. . These figures, however, obscure OBSCURE - "A Formal Description of the Specification Language OBSCURE", J. Loeckx, TR A85/15, U Saarlandes, Saarbrucken, 1985. that fact that some people marry in terms of both civil and customary norms, and may look to either system of law in the case of a dispute. Key points in the government's proposed law reform Customary marriages will have full legal recognition. There will be new minimum requirements for customary marriages that will apply to marriages that take place AFTER the new law comes into force. These include a minimum age of 18 by both partners; the free and full consent of both partners; and the rule of 'one person, one marriage', meaning that polygamy polygamy: see marriage. polygamy Marriage to more than one spouse at a time. Although the term may also refer to polyandry (marriage to more than one man), it is often used as a synonym for polygyny (marriage to more than one woman), which appears will no longer be allowed. But polygamous polygamous as a male or female, having more than one mate. marriages that took place BEFORE the new law comes into force will still be recognised. The law forbids only future polygamous marriages. Customary marriages will also have to be registered, and future customary marriages will be in community of property unless the couple make an agreement before the marriage that applies some other property arrangement. Husbands and wives must deal with their joint property together, and both partners will have full legal status and capacity. Divorce from customary marriages will take place in a way that is similar to divorce from civil marriages. Will this new law work? The LAC summary of the proposed new law poses some fascinating questions for all of us to take up and discuss before the law is passed by parliament ... questions such as: * Do you agree with the proposal to outlaw polygamy? * Should the law allow lobola lo·bo·la n. A set amount paid by a prospective husband to the bride's family among certain peoples in southern Africa. [Zulu -lóbólà, dowry, give a dowry. to continue in those communities that use it, or should the law make it illegal? * Most customary laws do not have a concept of joint property in a marriage. Will the system of 'in community of property' work for customary marriages in practice? * Will there be problems with 'community of property' in cases where extended family members have an interest in certain forms of property such as cattle? * Do you have any other suggestions on how to give men and women equality equality Generally, an ideal of uniformity in treatment or status by those in a position to affect either. Acknowledgment of the right to equality often must be coerced from the advantaged by the disadvantaged. Equality of opportunity was the founding creed of U.S. in the control of joint property during marriage? * Will people try to avoid the new rules on customary divorce by separating informally? * Is the High Court the right place for people to get help with customary divorces? Should disputes about customary divorces be dealt with by magistrates' courts magistrates' court In England and Wales, any of the inferior courts with primarily criminal jurisdiction covering a wide range of offenses, from minor traffic violations and public-health nuisances to somewhat more serious crimes, such as petty theft or assault. or community courts instead? Join the debate! These proposals would make far-reaching far-reach·ing adj. Having a wide range, influence, or effect: the far-reaching implications of a major new epidemic. changes to the current system of customary law. It is important that they be fully discussed and debated, because a law which is ignored by most people will not be of much use to anyone. Change in intimate areas of life such as marriage and the family is always difficult and controversial, and it is unlikely that everyone in Namibia will agree on the way forward. But a thorough examination of the proposals is likely to help Parliament enact a law which will be well-understood and accepted. Contact the Legal Assistance Centre, Tel 223356, or Sister Namibia, Tel 230618, to get a copy of the summary of this bill. There is also a similar document available on the proposed Divorce Law Reform. |
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