The Law Development Centre (LDC) has rejected a proposal to redefine civil marriages from strictly monogamous to potentially polygamous, citing potential harm to the institution of monogamous unions.
This position was presented by Paul Mukiibi, Head of the Department of Law Reporting, Research, and Law Reform at LDC, during a meeting with the Joint Committee of Legal and Gender. The session reviewed the contentious Marriage Bill, 2024, tabled by Tororo District Woman Representative Sarah Opendi.
“Unless there are clear safeguards and an understanding of the implications, this change may likely abuse the institution of monogamous marriage,” Mukiibi stated.
LDC commended Opendi’s proposal to introduce prenuptial and postnuptial agreements, noting these would empower couples to define property and financial terms, fostering clarity and mutual understanding.
Mukiibi explained, “Recent court pronouncements, even as obiter dicta, have highlighted the need for such agreements. They can help avoid lengthy court battles over property disputes by preemptively defining ownership and distribution.”
However, the LDC highlighted a lack of clear property rights for polygamous unions in the bill. “The Succession legal framework currently handles such matters, but courts are already burdened. Specific guidelines in the bill would offer more clarity and support,” Mukiibi added.
The LDC also rejected a proposal to criminalize cohabitation with a penalty of UGX 10 million or a three-year jail term, arguing that it would be impractical and unfeasible.
“Criminalizing cohabitation would mean setting up jails at the village level, given how widespread this practice is. In some jurisdictions, cohabiting for a specific period leads to legal recognition as marriage. In Uganda, people cohabit until death without legal protection, leaving women particularly vulnerable,” Mukiibi remarked.
Clause 5(d) of the bill, which proposes mandatory parental consent for adults entering Christian marriages, was also dismissed by the LDC. The Centre argued that it infringes on adult autonomy and contradicts Article 31(1) of the Constitution, which grants individuals aged 18 and above the right to marry without such consent.
“Requiring parental consent creates unnecessary legal challenges and restricts the constitutional rights of adults. By removing this clause, Parliament would ensure alignment with the legal principles of autonomy and the minimum marriage age,” said Mukiibi.
The LDC opposed Clause 15 of the bill, which seeks to mandate pre-marital counselling for couples intending to marry. Mukiibi described this proposal as redundant and impractical.
“Pre-marital counselling is a good practice but shouldn’t be a legal requirement. Adults, as primary agents of their decisions, should not be barred from marrying due to the lack of counselling. It is a personal or social matter, not one that requires legislation,” he concluded.
The Marriage Bill, 2024, remains under scrutiny, with significant debate anticipated as stakeholders weigh its far-reaching implications.
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