10 Aug 2026

Parliament has passed a Bill to amend the Married Persons Property Act. 

The Bill passed to committee stage with amendment to Sections 10A and 10B. 

Amended in 2021, the Act governs property rights for married couples, presuming marriages are out of community of property and community of profit and loss or any liabilities or privileges thereof unless stated otherwise. 

Presenting the Bill, the Minister of Labour and Home Affairs, Major General Pius Mokgware said during the 2021 amendment, a 24-month moratorium allowed the validation of unregistered, lost, or unsigned property instruments. 

He said the moratorium lapsed in 2024, however the ministry continued to receive requests from couples who were unable to register. 

Maj. Gen. Mokgware said the Married Persons Property Amendment Bill 2026, therefore aimed to remove the moratorium, empowering the registrar to process property registrations at any time.

Supporting the Bill, Okavango West Member of Parliament, Mr Kenny Kapinga said there was need to do away with the many bureaucracies, which were unnecessary for progress. 

He said the ministry should in future ensure that marriage property regime was included on the marriage certificate. 

For her part, MP for Mmopane/Metsimotlhabe Ms Pushie Manyeneng appealed to the minister for digitalisation of Form B for easy and fast access. 

Maun East MP, Mr Goretetse Kekgonegile also emphasised for laws to be implemented once passed for efficient service delivery on government services. 

Also, in support of the motion, Gaborone North MP, Mr Shawn Nthaile said government was looking into laws, which would benefit Batswana and said amending the Act was also a demonstration of human rights considerations. 

Responding to the debates, Maj. Gen. Mokgware said government was committed to review the Marriages Act in totality before the end of the year. ENDS