There was a heated debate in the National Assembly over the proposed Divorce Bill tabled by the Minister of Justice, Yvonne Dausab.
The bill, which aims to reform divorce procedures in the country, faced a barrage of criticism and suggestions from MPs.
PDM MP Elma Dienda criticised the bill for prioritising divorce over reconciliation, citing concerns about the long duration of the divorce process.
"The bill should incorporate mechanisms that promote and prioritise these supportive measures rather than defaulting on divorce as the primary solution. Noting that divorces can now occur at the magistrates' level, 3 months is enough time to easily determine the prospects of reconciliation. When you go to the Magistrate's Court now that the backlog of cases is so long, will these divorce cases get preference over all the other cases from 8 or 10 years ago?"
The Deputy Minister of Health and Social Services, Dr. Utjiua Muinjangue, argued for impartial mediation and sought clarity on legal representation.
"We need to involve a very impartial third party to help the parties reach a common understanding. Define the word mediation and also define mediator. Divorce can also be done by the High Court or Magistrate's Court. Now, does this mean that a party or a person can approach the Magistrate's Court once this bill is enforced, or do they still need to go through a lawyer, as currently people go through a lawyer? Thirdly, if the Magistrate's Court is allowed to do the divorce, in which cases does the divorce go to the High Court?
Another PDM MP, Winnie Moongo, proposed mandatory therapy for divorcees. "I strongly recommend that the Divorce Bill include a mandatory section requiring divorced spouses to undergo psychodynamic therapy and present a certificate of completion to the court before they can remarry. This requirement would ensure that past traumatic experiences are adequately addressed, reducing the likelihood of subsequent divorces."
It is expected that the final legislation strikes a balance between procedural efficiency and the protection of family interests.