Source: Sister Namibia, Vol. 6 October 1991

Married women in Namibia are no longer to be regarded as minors in the eyes of the law. After much deliberation, the Women and Law Reform Committee has proposed amendments to the Marriage Act. The amendments will mean that the concept of men holding marital power no longer exists.

In terms of the existing concept, a man is regarded as the natural head of the family, he is the boss over his wife and children and has control over the possessions and person of his wife. With marriage in community of property, the husband has the sole mandate to administer the couple's property. He does not need his wife s permission to buy or sell property. However, all these restrictions on the humanity of a woman will disappear when parliament, as is expected, accepts the amendments of the Women and Law Reform Committee. Ms. Nashilongo Shivute of the Department of Women's Affairs said they hope to submit the amendments to parliament before the end of this year. She said that since independence, women's groups have demanded changes to the common marriage law. Women have often pointed to the Marriage Act as one of the most discriminatory on the Statute books.

If the amended Act comes into force, it will be applicable to all marriages, including marriages that came into force long before the new Act. The man will lose his marital power, and both man and woman will be equal in terms of the law.

The implications of the changes are, for example, that there will be communal ownership of property and/properties. A man will no longer be able to buy or sell property without the knowledge or his wife. Just as a woman who was married in community of property was not able to close contracts without the signature of her husband, the husband will no longer be allowed to sign contracts without the co-signature of his wife.

Although the amendments are not without loopholes, they bring significant improvements to the position of married women. An example of such a loophole relates to women who are die breadwinners of their families. They will still need the signature of their husband, even if he is unemployed, for certain contracts such as buying and selling property.

Another loophole affects illiterate women. A man could previously get rid of family property without the consent of his wife. But now he needs her signature. However, if the woman cannot read, her husband can cheat her and she can give her permission without knowing the contents of the contract. However, a clause has been inserted stipulating that a wife can take the husband to court if he cheated her.

The Amendments also stipulate that both the man and woman will from now on have equal access to children. This means that both share responsibility for their children and decisions affecting the children should always be taken in their best interest.