06 Apr 2014

Parliament has passed the Married Persons Property Bill into law after amendments on Wednesday, April 2.

The Minister of Labour and Home Affairs, Mr Edwin Batshu moved eight amendments at the committee stage.

He said the first amendment was Clause 4 (2) appearing on page B.206 to be deleted and substituted with the following new clause:

“(2) In pursuance of subsection (1), spouses shall each sign an instrument in Form A set out in the First Schedule, in the presence of three witnesses, being one witness for each spouse, and one of whom shall be an administrative officer, a justice of the peace or a commissioner of oaths.”

He further said Clause 4(3) appearing on page B.206 to be deleted and substituted with the following new clause.

“(3) Notwithstanding subsection (1), spouse who wish their property regime to be in community of property, shall each sign an instrument in Form B set out in the First schedule, in the presence of three witnesses, being one witness for each spouse, and one of whom shall be an administrative officer, a justice of the peace or a commissioner of oaths.”

The minister said Clause 5 (3) appearing on page B.206 to be deleted and substituted with the following clauses.

“(3) Notwithstanding subsections (1) and (2), the spouses in a marriage between persons subject to customary law may, prior to the solemnisation of the marriage, express their wish to exclude customary law application to their proprietary rights, by an instrument in writing signed by each of them in and in the presence of three witnesses, being one witness for each spouse and one of whom shall be an administrative officer, a justice of the peace or commissioner of oaths.”

He also presented an amendment on Clause 10(2) appearing on page B.208 to be amended by substituting the period of 12 months by a period of 18 months.

There were also amendments to Form A for marriage out of community of property, Form B for marriage in community of property and Form A on exclusion of customary law and option for marriage out of community of property as well as Form B on exclusion of customary law and option for marriage in community of property. ENDS