12 Jul 2013

Cohabitation is a disadvantage to women, says Emang Basadi Executive, Ms Ida Mokereitane.

Addressing participants during a workshop in Palapye, Ms Mokereitane said currently there are no specific laws dealing with cohabitation therefore when the couple separates or one dies, it is very difficult for the surviving partner to claim property.

This, she said attributed to lack of documented evidence on who bought what.

She said more often women are the ones who are disadvantaged as they are less likely to be in well paid formal employment and live with men who have economic means. Ms Mokereitane noted that most cohabitating couples’ valuable resources such as cattle, houses, vehicles and furniture are often in the male partner’s name.

She emphasised sensetisation on issues of cohabitation to make couples aware of the implications of cohabitating.

“If couples invest together contractual agreement should be made, at least they should ask dikgosi and district commissioners to sign their contracts as they would help when things don’t go well,” she said.

Furthermore she said people should think of what would happen to them and their children if the partner dies or even when the relationship ends and that it is very important to work on things while still together.

When commenting on the issue, Serorome headman, Mr Samuel Maforaga said the issue of cohabitation exists in Palapye and encouraged couples who have stayed together for some years to get married.

Touching on the issue of property rights of children Ms Mokereitane said on the death of the father, a child born outside marriage is generally not entitled to inherit from the father’s estate.

Such a child, she said, usually only inherits from the mother or the mother’s family.

Ms Mokereitane noted that the child can inherit only if he or she was specifically provided for by the father in a will.

“Concerning this issue we can hope for something better because children’s act has been reformed, each child should bear the surname of the father as such this is just the beginning but I hope this was done for a reason and these children will also have access to their parents’ property,” she said.

Furthermore she said children born within wedlock are entitled to inherit from the father’s property in equal shares and an adopted child should be specifically be provided for in a will and last testament of the adoptive parent in order for such a child to inherit.

Ms Mokereitane said culture can also play a pivotal role on the way parents write their wills, adding that some of them can be influenced by gender roles.

She said a lot of education should be continued especially on laws so that most people have knowledge and understand the laws. ENDS