Legislators back new marriage Bill

Sep 28, 2009

MPS yesterday pledged to support the proposed Marriage and Divorce Bill.The MPs argued that a woman had a right to divorce a man who is impotent and also take a partner of her choice.

By Mary Karugaba and Catherine Bekunda

MPS yesterday pledged to support the proposed Marriage and Divorce Bill.The MPs argued that a woman had a right to divorce a man who is impotent and also take a partner of her choice.

The MPs were reacting to the new Bill that was drafted by the Uganda Law Reform Commission.

The marriage Bill, which was formerly the Domestic Relations Bill, seeks to harmonise issues of marital property and sexual rights in marriage, and domestic violence.

The MPs said marriage is about sex, money and children.

Agriculture and animal industry state minister Bright Rwamirama said impotent men marrying women should be criminalised.

He also said widow inheritance was primitive and should be abandoned.

Rwamirama, however, noted that the Bill might be challenged, especially if the man becomes impotent after fathering children.

Emilly Otekat (Independent) said: “A man who cannot function should be divorced.”

Faridah Kasasa (NRM) said in marriage, there are obligations to fulfill and sex is one of them.

Works minister John Nasasira cautioned women against marrying men before knowing their potency. He, however, added that if impotence comes after fathering children, the couple should stay together.

East African Legislator Lydia Wanyoto said impotence before or after marriage is already ground for divorce.

“A woman should not stay in a relationship when her marital rights are not being fulfilled,” she said.

Wanyoto also said bride price should not be refunded after divorce, arguing that it is given as a gift.

On the other hand, gender and social development minister Gabriel Opio, MPs Sam Lyomoki (NRM), Livingstone Okello Okello (UPC) Hussein Kyanjo (JEEMA) and Louis Opange (Independent) noted that the Bill was against religious and cultural principles.

“People should stick to their marriage vows. The Christian teaching says for good and for worse, why then do they run away if one becomes impotent?” Opio wondered.

Sarah Mpabwa (UPDF) and Elijah Okupa (FDC) said they would not support the Bill, adding that the issues raised were personal and should be sorted out by the affected individuals.

“It does not sound right and it is totally absurd. What if impotence sets in as a result of an illness?” Mpabwa asked.

Okupa argued that matters of the heart should not be ruled by legalities.

“What if it has resulted from torture in a safe house? Should a man also divorce a woman because she is barren?” he asked.

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