By Brenda Chipo
The “Stand for Her Land” campaign, a group of land rights protectors, has urged legislators to establish clearer guidelines for the distribution of family property in the event of a marriage ending. While courts have made rulings on this matter in the past, the campaign stresses the absence of a formal legal framework to guide the distribution of matrimonial property, which they believe is crucial.
Kalibala Mwebe, a spokesperson for the campaign, highlighted the need to revise certain clauses in the Marriage Bill. One of the key issues raised is the law’s handling of loans and funds borrowed during a marriage. The bill currently suggests that repayment should be a joint effort between spouses. However, some Members of Parliament on the Legal Affairs Committee have expressed concerns about this, calling it inhumane. They argue that a spouse may take out a loan meant to benefit the family but may misuse the funds, leaving the other partner in a difficult position when it comes time to repay it.
Women MPs have strongly objected to the idea that spouses should be required to repay such loans together. They argue that financial matters should be treated as personal issues, to avoid the potential for money-related conflicts and domestic violence.
Kalibala Mwebe further pointed out that the bill does not adequately address the possibility of one partner forcing the other to repay a loan that only one of them benefited from. He emphasized that decisions regarding such financial matters should be left to the family, rather than being dictated by the law. He stressed that, as husband and wife, there should be room for families to make their own decisions about how to manage their finances.
The Marriage Bill also addresses the issue of wealth accumulated during the marriage, including property that one spouse owned before or during the union. Kalibala stated that lawyers have handled these issues inconsistently, but with the introduction of this law, a uniform approach to property distribution after divorce could be achieved.
Kalibala explained that the Supreme Court has touched on the subject in the past, but the bill now proposes that the share of property one is entitled to after divorce will depend on factors such as personal contributions to the marriage, the length of the marriage, and the number of children the couple has.
The National Resistance Movement government has made significant strides in supporting women’s rights, and Kalibala believes the amendments in this bill—particularly those related to property ownership—will further protect women from domestic violence and property theft.
Jodana Wamboga, another advocate from the “Stand for Her Land” campaign, emphasized the importance of justice and equality for women. She pointed out that women often face challenges when a marriage ends, and the amendments to the bill would help address these challenges. She also noted that while the Marriage Bill is an old law, society has changed, and it is time to update it to reflect current realities.
Wamboga added that it is essential for Uganda to align its laws with international commitments to equality, which would allow women in both rural and urban areas to enjoy more freedom and fairness.
Supporters of the bill, including civil society organizations, have continued to present their views before the Parliamentary Legal Affairs Committee, urging further revisions to the bill. These groups also endorse provisions requiring spousal consent for transactions involving matrimonial property and recognize the bill’s role in addressing gender inequalities.
Rebecca Atayo welcomed the bill’s progressive stance on property rights, highlighting its focus on ensuring equal access to property and acknowledging non-monetary contributions to its acquisition and upkeep.
The Marriage Bill, which was first tabled in the 10th Parliament by Hon. Sarah Opendi, has undergone multiple revisions. Initially proposed as the “Marriage and Divorce Bill” in December 2009, the bill sought to modernize Uganda’s marriage laws. It was reintroduced in its updated form on October 3, 2024, but it has yet to be signed by President Yoweri Kaguta Museveni, who requested further scrutiny of certain clauses to ensure they align with the Constitution of Uganda.
