A timely Bill

From: Mmegi Online, Gaborone Botswana

The Bill that was presented last week by the Minister of Land Management, Water and Sanitation Services seeks to, among others, prevent fraudulent transfer of property ownership by married couples. It also seeks to empower spouses whose partners have died but have not registered them as rightful owners or inheritants of their property.

The Bill comes at a time when the country registers an average of 1 500 divorces annually – and the rate continues to grow. Although there is no proper research on this matter, some marriages last for only three years before the other spouse is married again one or two years later.

Divorce cases are presided over by High Court judges, while land disputes in rural areas are first handled by local authorities (Dikgosi) before they can be passed to the High Court when there is no solution.

Dikgosi also find themselves having to resolve hereditary disputes that may be complex to High Court judges, especially if they involve family lineage that can best be understood by relatives.

In some instances, Dikgosi would be in a better position to appreciate a family created under traditional marriage or the one borne out of cohabitation. All these aforementioned types of unions or marriages are “allowed” in our culture and can better be handled by traditional leaders. Therefore, there is a need for proper consultation before this law is passed.

The Bill further seeks to review transfer ownership under the customary land grant to compel married couples to state spouses in the land issue certificate when married in community of property. While it is good to enforce accountability and transparency in marriages, this also has potential to cause some to remain single and in cohabitation for fear of losing too much in divorce or death.

It is crucial to consult further to include cultural practices in the envisaged law to ensure the final law unites families instead of causing further divisions.