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Namibian Minister’s Proposed Divorce Bill 2024 Compromises “foundational marriage principles”: Catholic Official

Hon. Elma Dienda. Credit: Parliament of the Republic of Namibia

The proposed Divorce Bill 2024, which Yvonne Dausab, Namibia’s Justice Minister, tabled in parliament on June 11 seeks to compromises a number of essential marriage principles and undermines Church authority, an official of the Namibian Catholic Bishops Conference (NCBC) has lamented. 

In a statement that ACI Africa obtained on Monday, July 22, the Coordinator of the Gender Desk of NCBC, Elma Jane Dienda, weighs in on the proposed Divorce Bill that seeks to, among other amendments, “consolidate and reform the law on divorces relating to civil marriages ... provide for periodical allowance, financial and other consequences of annulment of marriage; provide for forfeiture of patrimonial benefits ...  abolish orders for restitution of conjugal rights and judicial separation .... amend the Magistrates’ Courts Act, 1944, so as to confer jurisdiction on a court established in terms of that Act to deal with divorces proceedings; and provide for incidental matters.”

“I address the Bill currently under consideration with a profound sense of duty as a representative of the Roman Catholic Church,” Ms. Dienda says.

She says that “while the Bill intends to address societal challenges, it falls short in upholding the foundational principles of marriage as subscribed by marriage officers from religious denominations such as the Catholic faith.”

“Though the Government and the Church differ, in Namibian society the government gives the church authority to officiate wedding ceremonies. This Bill undermines the authority of the Church, which is granted powers by the government,” Ms. Dienda adds. The Lawmaker decries the Bill for expediting the divorce process and goes on to term it as faulty and inappropriate for not incorporating the voice of the church.

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“The Bill's focus on simplifying divorce procedures also overlooks the need for comprehensive Pastoral support and guidance for couples in crisis,” she says, adding, “The Church advocates for marriage counselling, spiritual direction, and other forms of support to help couples navigate their difficulties.”

The interventions, she says, are crucial in fostering forgiveness, understanding, and ultimately, the healing of relationships.

“The Bill should incorporate mechanisms that promote and prioritize these supportive measures rather than defaulting to divorce as the primary solution,” the Coordinator of the Gender Desk of NCBC says.

Based on the process involved in preparing couples for marriage including compulsory pre-marriage counselling within the Roman Catholic Church, Ms. Dienda says that it is appropriate for the voice of the Church to be considered.

“The spouses are counselled together rigorously, and the intention to marry is announced on three consecutive Sundays, giving any Namibian citizen and the spouses adequate time to provide input on the validity of the marriage,” she says, and poses, “The intention to marry in the Church is not a quick one. Why should the divorce be quick?”

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While tabling the proposed Bill, Namibia’s Justice Minister explained that the proposed Bill “contributes to keeping families together who want to remain together,” addresses the challenge of those in abusive marriages, considers children’s best interests, and allows spouses unable to continue staying together to process their divorce cases before magistrates, addressing the challenge of distance and cost.

“The current divorce bill would cost people over N$10,000 (US$550.00) to N$20,000 (US$1,100.00), which makes it hard for those that want to divorce,” Minister Dausab said.

The Namibian government official also argued that religion or community does not have the power to force spouses seeking divorce to remain married.

In her statement, the Coordinator of the Gender Desk of NCBC cautions against excluding God in the institution of the family and faults the undermining of religion in the life of married spouses. 

“If your marriage is solemnized by a Catholic Marriage Officer within the Roman Catholic Church, you should be bound by the rules of the Church,” Ms. Dienda says.

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She adds, “Church approved canonical grounds for marriage annulment must be followed, ensuring that any process of annulment is based on well-defined and understood criteria.”

Ms. Dienda continues, “I submit that the Divorce Bill must have a section on the marriage officer that solemnized the marriage that provides that if a marriage is solemnized by a member of a religious denomination the rules of the religious denomination that solemnized the marriage must be taken into account at the divorce stage so that the Marriage and Divorce Bills are aligned.”

ACI Africa was founded in 2019. We provide free, up-to-the-minute news affecting the Catholic Church in Africa, giving particular emphasis to the words of the Holy Father and happenings of the Holy See, to any person with access to the internet. ACI Africa is proud to offer free access to its news items to Catholic dioceses, parishes, and websites, in order to increase awareness of the activities of the universal Church and to foster a sense of Catholic thought and culture in the life of every Catholic.