'Red Line' marriages to change
The Law Reform Development Commission has declared its intention to replace the infamous ‘Red Line law’, or Native Administration Proclamation 15 of 1928, with a new matrimonial regime.
This will make the default system of marriage in community of property apply to everyone in Namibia.
During a courtesy visit to President Hage Geingob LRDC chairperson Yvonne Dausab said Red Line marriages were a critical concern raised by Namibians during the president’s recent town hall meetings.
According to her this law must be amended quickly to address the concerns of Namibians.
“We have taken it seriously; it is now at the desk of the minister of justice. We also hope that in the coming weeks we will look at aspects of divorce. There are very specific requests to relook the current grounds of divorce,” she said.
In terms of the Native Administration Proclamation of 1928, marriages contracted north of the veterinary cordon fence, or Red Line, are automatically out of community of property. This system effectively creates a default marital regime for persons married north of the Red Line, different from the rest of the country which is in community of property.
Commenting on this change, Swapo politician Pendukeni Iivula-Ithana said this law has disadvantaged many women in the northern parts of the country who were left with nothing after the death of their husbands.
“It is important. There are people married beyond the Red Line who want their properties combined. The people, especially the females, who got married out of community of property were disadvantaged because the law does not protect them,” she said.
Once the law is changed people who got married before the country gained independence will have an opportunity to change their matrimonial status to the regime they prefer.
Historic evidence suggests that the reasoning behind this law was a concern that “native” men who entered into civil marriages in these areas were likely to be parties to a customary union at the same time, so if the civil marriage was out of community of property, this kept the husband’s property separate so that some of it could go to the customary wife or wives.
According to the coordinator of the Legal Assistance Centre’s Gender Research & Advocacy Project, Dianne Hubbard, the proposed bill also has an “amnesty period” for couples affected by the Native Administration Proclamation, with the dates for this period to be announced by the Ministry of Justice.
“During this amnesty period, spouses may jointly approach a magistrate to change or clarify their marital property regime. The magistrate can issue a new marriage certificate which indicates the marital property system the couple wants. This opportunity to change the marital property regime after the marriage has taken place will apply only to people who were affected by the Native Administration Proclamation,” she said.
JEMIMA BEUKES
This will make the default system of marriage in community of property apply to everyone in Namibia.
During a courtesy visit to President Hage Geingob LRDC chairperson Yvonne Dausab said Red Line marriages were a critical concern raised by Namibians during the president’s recent town hall meetings.
According to her this law must be amended quickly to address the concerns of Namibians.
“We have taken it seriously; it is now at the desk of the minister of justice. We also hope that in the coming weeks we will look at aspects of divorce. There are very specific requests to relook the current grounds of divorce,” she said.
In terms of the Native Administration Proclamation of 1928, marriages contracted north of the veterinary cordon fence, or Red Line, are automatically out of community of property. This system effectively creates a default marital regime for persons married north of the Red Line, different from the rest of the country which is in community of property.
Commenting on this change, Swapo politician Pendukeni Iivula-Ithana said this law has disadvantaged many women in the northern parts of the country who were left with nothing after the death of their husbands.
“It is important. There are people married beyond the Red Line who want their properties combined. The people, especially the females, who got married out of community of property were disadvantaged because the law does not protect them,” she said.
Once the law is changed people who got married before the country gained independence will have an opportunity to change their matrimonial status to the regime they prefer.
Historic evidence suggests that the reasoning behind this law was a concern that “native” men who entered into civil marriages in these areas were likely to be parties to a customary union at the same time, so if the civil marriage was out of community of property, this kept the husband’s property separate so that some of it could go to the customary wife or wives.
According to the coordinator of the Legal Assistance Centre’s Gender Research & Advocacy Project, Dianne Hubbard, the proposed bill also has an “amnesty period” for couples affected by the Native Administration Proclamation, with the dates for this period to be announced by the Ministry of Justice.
“During this amnesty period, spouses may jointly approach a magistrate to change or clarify their marital property regime. The magistrate can issue a new marriage certificate which indicates the marital property system the couple wants. This opportunity to change the marital property regime after the marriage has taken place will apply only to people who were affected by the Native Administration Proclamation,” she said.
JEMIMA BEUKES
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