By Frank Kamuntu
After over two years since Sarah Opendi (Tororo District Woman Representative) was granted leave of Parliament to introduce a private member’s bill, she has finally fulfilled her promise by presenting the Marriage Bill 2024. The Bill proposes several reforms, including equal rights to property for spouses, regardless of their financial contribution, criminalizing child marriages, and setting a timeline for consummating marriages, with the risk of them being declared void if not fulfilled.
Although Opendi was absent during the 3rd October 2024 plenary sitting, her colleague Dorcus Acen (Alebtong District Woman Representative) tabled the Marriage Bill 2024 for its First Reading. However, Opendi faced initial challenges when the Ministry of Finance refused to grant a Certificate of Financial Implication, a requirement for any Bill to proceed.
Speaker Anita Among, citing Section 76 of the Public Finance Management Act, clarified that the Ministry is obliged to make a decision within 60 days of a certificate request. She added that under the law, if the Ministry fails to respond within that timeframe, the certificate is automatically considered issued. With that clarification, the Bill was referred to the Joint Committees on Legal and Parliamentary Affairs and Gender, with the Legal Committee taking the lead.
Bill’s Purpose
Opendi explained that the Marriage Bill 2024 seeks to reform and consolidate the legal framework governing marriage in Uganda. The Bill covers recognized forms of marriage, registration, marital rights and obligations, property rights, separation, and dissolution of marriages, among other issues.
Key Provisions
Among the controversial proposals is a six-month ultimatum for consummating marriages. In Clause 41(1), the Bill states that a marriage may be declared void if a spouse is either unable or willfully refuses to consummate the marriage within six months of the wedding. Additionally, the concealment of any material fact that would affect the other party’s consent to the marriage could also render the union voidable.
In a bold move, the Bill proposes a three-year jail term or a fine of UGX 10 million for individuals who demand the return of marriage gifts after the union has dissolved. Clause 87 of the Bill clearly defines the act of requesting the return of gifts as a criminal offense.
Further, Clause 88 addresses the issue of falsely claiming to be married to someone, known as “jactitation of marriage.” Anyone convicted of such a false claim could face three years in prison or a fine of UGX 10 million.
In Clause 43, Opendi proposes giving women the right to retain their maiden names upon marriage. Additionally, the Bill bars women from continuing to use their husband’s surname after a divorce unless both parties mutually agree.
Another key proposal in Clause 92 is the criminalization of bigamy. The Bill stipulates a five-year jail term or a UGX 10 million fine for anyone who knowingly marries a person already in a monogamous marriage.
Property Rights & Financial Responsibilities
Clause 49 introduces equal access to marital property, granting both spouses the right to use, occupy, benefit from, and dispose of property, unless agreed otherwise. Meanwhile, Clause 51 outlines that debts incurred before the marriage remain the sole responsibility of the individual who incurred them. However, if the property becomes matrimonial, the spouses may share liability.
Stance On Child Marriages
One of the Bill’s strongest proposals is the criminalization of child marriages. Clause 101 stipulates a 10-year jail sentence for anyone who organizes, conducts, or witnesses a marriage involving a minor or marries someone below the age of 18.
The Bill also calls for the establishment of a National Marriage Register, a database containing information about all married persons in Uganda. This registry would be accessible to the public upon payment of a fee to the government.
Previous Marriage Legislation Attempts
Opendi is not the first legislator to attempt reforming Uganda’s marriage laws. In 2009, the Marriage and Divorce Bill was introduced, aiming to modernize marriage laws. However, it was met with fierce opposition due to controversial provisions such as criminalizing marital rape and the inclusion of the term “divorce,” which religious leaders believed encouraged separation. Prior to that, the Domestic Relations Bill of 2003 also failed due to objections from the Muslim community over proposals to ban polygamy.
Marriage Bill’s Future
Despite its progressive reforms, the Marriage Bill 2024 has already faced resistance from some MPs, prompting Speaker Among to call for calm during the debate. She reminded legislators that the Bill would undergo committee scrutiny, adding, “If you don’t want the Bill, collapse it from there. Let us not suffocate anybody; that is like causing a miscarriage.”
Whether Opendi’s bold reforms will survive the parliamentary process remains to be seen, as debates over marriage legislation continue to be a contentious issue in Uganda.
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