Ombudsman defends new divorce law amid criticism of potential abuse

Ombudsman Basilius Dyakugha has defended the newly gazetted Dissolution of marriages Act amid growing public criticism that it may be abused.

Critics fear the new law would encourage marriages of convenience.

Part of the act states that abusive spouses or those involved in adultery could lose their portion of marital assets if this is proven in court. This could lead to partners staying in marriages to avoid losing assets, or falsely accusing a spouse of abuse or adultery, critics say.

The act says the court will consider any misconduct of the parties involved that may have led to the breakdown of the marriage.

In doing so, it must assess the extent, nature and gravity of the behaviour that contributed to the irretrievable breakdown of the relationship.

This evaluation helps determine whether one party’s actions were significant enough to justify a forfeiture of matrimonial benefits. “The lawmakers are trying to protect innocent spouses in marriages against abuse. Many people – both men and women – don’t take family life seriously,” Dyakugha says.

Meanwhile, former ombudsman John Walters has also defended the law, saying perpetrators should be punished for their wrongdoing.

“In a relationship between a man and a woman, which is about mutual trust, if one of the partners breached that trust, should he or she not be punished for bad behaviour?” he asks.

Walters says people’s actions always have consequences.

He says the Dissolution of marriages Act makes a court process easier for those who cannot afford legal representation.

“Hands off the Ministry of Justice, and hands off the government in general for this piece of legislation,” he says.

However, Walters says the new law should not discourage young people from marrying.

He encourages marriage, although “marriages are not made in heaven”.

Walters says those spouses who falsely accuse their partners of cheating or abuse may be asked to provide evidence of this in court. Namibian cleric bishop Lucas Katenda advises that people should choose a partner who understands them.

“It is my firm belief that the intention of the relaxation of divorce conditions is good, but any situation can be abused,” he says.