UGANDA: House begins debate on marriage and divorce Bill

By  Yasiin Mugerwa & Sheila Naturinda.

MPs yesterday began debating The Marriage and Divorce Bill, 2009 in an emotional session that divided the House along gender lines.

The contentious issues in the proposed legislation which seeks to consolidate the law relating to marriage and divorce, were primarily on whether cohabitation should be legalised in relation to property rights, and whether dowry and bride price should be abolished.

The Bill recognises rights of cohabiting partners in sharing property after termination of their relationship.

But the Committee on Legal and Parliamentary Affairs in its report presented by Maj. Sarah Mpabwa concluded that cohabitation is not a form of marriage recognised in Uganda.

While most of the women in the House said the Bill was long overdue, the men quoting from the Bible, expressed fears that if cohabitation, which they described as “immoral” is legalised, this might be the beginning of the end of the family unit.

“I am a victim of cohabitation and I know what it means. You have struggled for 50 years and someone is targeting your property, this is unfair and we should not allow this to happen. Cohabitation is immorality and how do you encourage prostitution when all religions are against this?” James Kakooza (NRM, Kabula) said.

Kawempe North MP Latif Ssebaggala warned the House against contradicting religious leaders in the country by recognising cohabitation. Uganda Joint Christian Council is against any attempts by Parliament to legalise cohabitation.

But Justice Minister Kahinda Otafiire said cohabitation is a “reality” and that marriage is a biological function based on emotions, and therefore the government drafted the new Bill to control human behaviour and protect women from injustices.

This Bill is a break-away from the original Domestic Relations Bill which was rejected by the Muslim Community, forcing Cabinet to separate the law for Muslims and Christians.

Source: Daily Monitor (28/02/2013): http://www.monitor.co.ug/News/National/House-begins-debate-on-marriage-and-divorce-Bill/-/688334/1706814/-/ppwik7z/-/index.html