‘Divorce law keeps people in abusive marriages’

The executive chairperson of the Alliance of Reverend Christian Churches in Namibia, Dolly Nengushe, has urged the government not to make it easier for people to get divorced.

However, Gladice Pickering, the executive director of justice, says the current divorce law forces spouses to stay in abusive and unhappy marriages.

“They are forced to remain in a marriage where they suffer severe abuse and where children are exposed to the abuse, which is not in their best interest.

“This is what prompted the ministry to move forward with the (amendment) bill,” she told Desert Radio yesterday.

This comes after minister of justice Yvonne Dausab last year tabled a motion in parliament to update the country’s divorce law.

She told New Era earlier this year that the new proposed divorce legislation is in the final stages of drafting, hoping it would be tabled in the National Assembly by the end of the financial year.

KEY AIMS

A key aim of the bill is to make it more affordable to get divorced.

Last year Dausab said the cost of divorce has for long prevented many Namibians from getting divorced.

She, however, said lawyers should be paid for the services they render.

The minister said it costs N$6 000 to open a file with a lawyer, and after all legal actions, this could amount to between N$15 000 and N$25 000.

“Many people are unable to afford legal representation,” she said.

Dausab said some Namibians are still paying off legal fees up to two years after their divorce has been finalised.

Pickering yesterday said: “The report from the project proposed that the new bill do away with fault-based grounds for divorce, and for a new system to be introduced, which would only be based on irretrievable breakdown.

“It is against public policies to force parties to remain married when they are not interested in the continuation of the union any more.”

DOMESTIC VIOLENCE

She said domestic violence is mostly perpetrated within marriages.

Pickering said the findings of the Law Reform and Development Commission’s project on the divorce law in 2004 were the reason for the bill’s revisions.

She said the report further recommended that the courts be given sufficient power to distribute marital properties and grant access to justice for parties who wish to terminate a marriage and make it less costly.

“In 2004, wide public consultations were made by the commission, which included churches and other stakeholders, before the report was submitted to the then minister.
“Another consultation was done by the commission in 2018 and a report was also submitted,” Pickering said.

FATHERLESSNESS

Also speaking on Desert Radio, Nengushe said the country’s high divorce rate is of great concern.

“We have a giant in the house right now that we are facing, and that is the issue of fatherlessness. As a nation we have to look into this matter and find what can be done to address it,” she said.

She said making divorce easier would only escalate the problem

“All divorces lead to fatherlessness,” Nengushe said.

“When these laws are being made and bills are being passed and are not aiming to strengthen and protect the units of society, I believe it is an indirect violation of the Constitution,” she said.

Drafter of laws in the Ministry of Justice Felicity !Owoses said the bill has been approved by a Cabinet committee.

“When laws are made, we look at both sides. We need to balance different rights. You cannot only consider the rights of one person and exclude the other.

“But I agree with the reverend that we must consider Chapter 3 rights and freedoms when making laws,” she said.

!Owoses said there are individuals who are living with domestic violence and who have taken a number of steps for protection to no avail.

“One day this individual will lose his/her life because of that. So we have to balance rights. The law will go to the attorney general for certification, where they will look at legality and constitutionality,” she said.

Currently, the country has only two courts dealing with divorce matters.

The new proposed legislation is nearing completion and will be sent to the attorney general for certification before being tabled in the National Assembly.