Judge blasts Parliament over marital Bill

Jun 24, 2013

The newly appointed High Court judge, Justice David Batema, has blasted Parliament for failure to pass the marital bill.

By Francis Emorut

MUKONO district - The newly appointed High Court judge, Justice David Batema, has blasted Parliament for failure to pass the Marriage and Divorce Bill, making it clear how important its passing is.

“The worst thing the August House [Parliament] has done is to put away the Marriage and Divorce Bill. They have done us a disservice,” he said, adding that it should not “bury its head like an ostrich”.

The judge argued that the existing laws on marriage are inconsistent with the 1995 Constitution which is a supreme law.

“If any other law is inconsistent with the constitution, the constitution shall prevail,” he said.

He defended President Yoweri Museveni’s position on the bill saying he was not against it.

“Some people say the President is not for it. I say no it’s the Attorney General. Attorney General hasn’t done us a good service if he doesn’t do his job well of advising Government, then we are in trouble,” Batema said.

The new judge explained that judges who are on the bench handling divorce cases do understand the plight of women and therefore the need for a law to protect them.

He made the remarks during an Action Aid Uganda annual general meeting (AGM) aimed at resurrecting the debate on the controversial piece of legislation in Mukono district at the close of last week.

‘Unavoidable’

The bill was shelved by Parliament after unprecedented uproar from all the public following consultation with MPs in their constituencies.

From these meetings, it emerged that passing of the bill was favoured by only a few.

Oyam Woman MP Betty Amongi backed Judge Batema, opining that the bill was unavoidable. “Is the bill necessary? Yes it’s necessary and unavoidable,” she proclaimed.

She pointed out that the majority of the existing laws on marriage are obsolete, and she cited laws such as Divorce Act, Marriage of Africans Act made in 1904 and others passed in 1900s.

Amongi, who also chairs the Uganda Women Parliamentary Association (UWOPA), explained that due to the above laws, the Kalema Commission was established to review them in 1962.

The lawmaker emphasized the need to harmonise the old laws with the Constitution.

She told an attentive audience that the Marriage and Divorce Bill hasn’t been withdrawn despite the NRM caucus having taken its position.

Early April this year, the ruling party elected to withdraw the polarizing piece of legislation from Parliament.

MP Amongi said that despite this move, it is still in the second reading in Parliament and 23 articles were deliberated upon.

“It has not been withdrawn. The Speaker [Rebecca Kadaga] hasn’t received any letter in respect to it,” she said.

She called on the Attorney General, Peter Nyombi to give the status report of the bill when Parliament resumes.     

Country director of Action Aid Uganda, Arthur Larok, said their organization sees the proposed bill as a stepping stone for equity and equality, thus a necessity for Uganda’s development aspirations, both in the National Development Plan and the Vision 2040.

“In essence this bill is good for our country. It is good for both our women and men because it will promote development,” he pointed out.

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