Authored on
Thu, 07/21/2022 - 23:11

The Minister of Justice, Yvonne Dausab, emphasised Namibia's stance as a secular state, underscoring the government's focus on the practical and administrative aspects of divorce. 

Recognising diverse perspectives, she stated that it is essential that religious principles remain outside the legislative domain.

Dausab was motivating the Divorce Bill, which is in the committee stage for further deliberation.

Dausab emphasised that the legal process of marriage operates independently of religious institutions' practices and processes.

She added that the bill is in no way undermining or prohibiting the church's capacity to offer its own mediation mechanisms.

"Our records show that the Christian Coalition of churches and organisations on ethical justice were directly consulted during the consultation process. We acknowledge that the majority of Namibians are Christians and that the church offers its own mediation mechanisms. We realize that those of different religions may also have at their disposal similar mediation mechanisms. All religious institutions remain free to offer their support before, during, and after any divorce that takes place."

Addressing concerns about lobola exchanges, she clarified that the bill does not prohibit the practice but does not mandate it as a condition for civil divorce.

"Lobola is not always within the control of the party seeking divorce to begin with, we acknowledge that this may not be the answer some were looking for, however, in a secular state, it is outside the purview of this state to legislate on lobola within the context of the divorce bill. Lobal is, however, something that could be included in the proposal for customary marriage legislation, this is something that the Law Reform and Development Commission has already looked into previously."

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Photo Credits
Namibian Presidency

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Joleni Shihapela