Parliament on Monday unanimously supported the Married Persons Property Bill, with Members of Parliament however picking some grey areas that need to be ironed out.
Minister of Labour and Home Affairs Edwin Batshu presented the Bill as MP’s from across the political divide acknowledged the move pointing out the Bill’s strengths and shortcomings.
“My constituents have mixed feelings over the Bill, with some adamant the move encourages divorce cases. Therefore public information over the issue is very important,” noted Kweneng East MP Moeng Pheto.
He indicated the Bill should encourage married couples to make wills and bold decisions not only when things have turned sour but even during happy times.
As the envisaged law stands nothing points to such an initiative.
Mahalapye East MP Botlogile Tshireletso also welcomed the move, saying the Bill will not come at an opportune time.
“There have been many harrowing instances where a married man will sell cattle or even a house without the inclusion of the other partner,” she said, adding the Bill will protect the disadvantaged married woman and children from the unscrupulous partner eager to pursue his personal interest.
“These instances are so disturbing that the mother and her children could learn of the sale by the wind at the eleventh hour with nothing to do and the transaction irreversible.”
With the wedding so nice and beautiful, Tshireletso called on the protection of the brides who are gullible to their suitors interested in their materials.
MP for Kgalagadi North, Phillip Khwae while acknowledging the Bill, indicated that it seems to encourage divorce cases.
“To be allowed to enter into in-community of property marriage and out of the marriage to me encourages divorce cases,” he said.
Addressing parliament, Batshu said the Bill would allow married couples to change their status only twice.
Botswana allows modern in and out of community of property marriage, conducted at the District Officer’s office.
Tswapong North MP Prince Maele said although it’s a piece of law if not properly managed it could very be easily manipulated.
“We have programmes such as CEDA and if not properly monitored the Bill could see Batswana partners living in deplorable debts as the other partner escaped to his her native country,” he said, adding that although the Bill is noble it has some bad areas that needs to be looked into.
Kanye MP Kentse Rammidi argued that while it was easy to get married, it was expensive to prepare papers to get divorced at the High Court.
He prefers the magistrate courts which are easily accessible.
Presenting the Bill, Batshu said his Ministry was recommending re-enactment of Married Persons Act with amendments as the current Act has been overtaken by various developments within the country.
“I would like to clarify that spouses who wish to marry in community of property under the proposed Bill but wish certain of their properties to be excluded from the regime may exclude such property,” Batshu said.
