When marriage issues breed national political debate

In Ivory Coast, President Alassane Outtara sacked his entire Cabinet in a row over a new marriage law which stipulated that wives be joint heads of the house. Outtara’s party supported the new law that could have made a couple responsible for all major decisions. The coalition coalesced and voted against it. “You can say,” a presidential aide told the Associated Press, “that this was the drop of water that made the vase overflow.”

Nairobi, Kenya

Little known Ms Catherine Kalembe, a resident of Iganga district in eastern Uganda made headlines in July when she took Mr Emma Mutaka to court in August, demanding Shs20 million as compensation after failing to wed her.

A fort night ago, she was back in the papers again when the two appeared before Iganga Chief Magistrate Susan Kanyange, and she rejected the Shs2 million the man had offered to pay her as compensation for not marrying her, instead demanding for Sh10milion.

Ms Kalembe is angry with the man for not wedding her. According to her, when she introduced Mr Mutaka to her parents in Kisozi Village, Kamuli in 2010 as her fiancé, she was sure a wedding would follow shortly, to cement their relationship.

In her submission to the Iganga Chief Magistrate, Ms Kalembe lamented that Saturday December 17, 2011, should have been her lucky day — the day she should have walked down the aisle with her fiancé.

This new trend set by Ms Kalemba is not unique to Uganda. There is a heated debate about marriage in Kenya sparked by Kenya’s Marriage Bill 2012, revolving around, among others, the pros and cons of the law declaring a couple married if they cohabit for six months.

Then there is Kenya’s Marriage Property Bill, which guarantees a 50-50 split of property spoils between husband and wife, irrespective of who paid more for what, in case they part ways. Under this Bill, you cannot also instruct your wife, or husband for that matter, to hit the road without a court order. And the Kenya Marriage Bill 2012 is not any different from the original Domestic Relations Bill that has stayed on the floor of parliament for more than a decade now. It has been spilt into two and name changed to Marriage and Divorce Bill.

Public debate
The Bill has sparked off public debate because of its focus on the social, cultural issues and the power relations within the family. The Marriage Bill abolishes widow inheritance, wants impotent men to be divorced, makes bride price not compulsory, disallows same sex marriages and recognizes cohabiting for five years as a marriage.

The Bill is very bold on conjugal rights and obligations of spouses and states that a spouse has a right to deny his or her partner sex and that forceful sex results in both criminal and civil liabilities. The Marriage Bill spells out a fine of not exceeding Shs240,000 or imprisonment not exceeding five years for these liabilities.

Marriage just got serious, but Uganda and Kenya are not alone in this new phase of civilisation. In Zimbabwe, Prime Minister Morgan Tsvangirai was having marital sideshows when a court stopped his wedding to Elizabeth Macheka after Locadia Tembo — the sister of an MP — claimed he had married her under customary law.

But High Court Judge Antonia Guvava ruled that such (unregistered) marriages were not valid except for “such purposes as the distribution of property”. Tsvangirai finally wedded the traditional way this September because polygamy is recognised in tribal law in Zimbabwe, but not in national laws.

Over in Ivory Coast, President Alassane Outtara sacked his entire Cabinet in a row over a new marriage law which stipulated that wives be joint heads of the house. Outtara’s party supported the new law that could have made a couple responsible for all major decisions. The coalition coalesced and voted against it. “You can say,” a presidential aide told the Associated Press, “that this was the drop of water that made the vase overflow.”

Marriage has been a thorny issue in Africa for decades, especially on the distribution of power and resources within the institution. And African leaders, especially the Big Men of Africa, have had their fair share of convoluted take and experiences on the subject.

Psychologists slot politicians into personality types, one being the “Type T Personality”. The ‘T’ is for ‘Thrill’, which could account for straying and general unscrupulousness. Like celebrities, politicians are surrounded by indulgent sycophants who give an impractical belief that they are above normal morality.

To get into high office requires a certain degree of risk, and risk-takers are known to live exciting, challenging lives in which they believe they’re the masters of their fates and captains of their souls.