MEN COULD BE DIVORCED FOR IMPOTENCE

MBABANE – Permanent impotence could render a marriage voidable. This is if the proposed Marriages Bill of 2019 goes through with Section 16 (1) (d) unchanged.

This clause, under the title ‘Voidable Marriages’, states that a marriage where one of the parties to a marriage was permanently impotent, a marriage can be voidable.

Impotence is a condition whereby a man cannot keep an erection firm enough for sexual intercourse.
A similar condition where a woman lacks sexual desire and arousal is called frigidity.
In some societies, these terms have been replaced with ‘less judgmental terms where impotence is now known as erectile dysfunction and frigidity is known as lack of desire, arousal and orgasm’.

The Bill was presented to the Parliament Portfolio Committee of the Ministry of Justice and Constitutional Affairs during a session held at the Mountain Inn yesterday.

During the closed session, the legislators were allowed to discuss the Bill extensively.
Human Rights Commissioner Sabelo Masuku said the Bill does not envisage that couples will use this situation to pull out of marriages where a partner, who has been well the whole time, suddenly or eventually developed these conditions.

Annul

“This clause may be applicable in the event that one partner does not declare their known condition prior to the marriage. It does not necessarily mean that a couple married for years may want to annul a marriage on this ground just because the other party has developed the condition,” he said.

Masuku said as far as the wording of the clause was concerned, this applied to men because impotence was a condition that involved men.
Minister Pholile Shakantu said the Bill was yet to be debated both in and outside of Parliament. “We are yet to take it to the chiefs and to the communities where we are hoping that people will make meaningful contributions before it can be passed to a law.”

She said the Bill was still open to amendments, depending on what submissions would come through when they start reaching out to the stakeholders.  
Shakantu said the Bill would operate as a package, accompanied by other Bills such as the Administration of Estates Bill and the Matrimonial Property Bill.
“Unfortunately, when we tabled the Bills we started with the Marriage Bill. The other proposed legislations are almost final now as we are in consultation stage.”

The two other Bills focus on the regulation of assets and how to handle an estate of a person who did not leave a will.
Taking the legislators through the Bills was Parliamentary Counsel John Mavuso.
If passed, the Bill will lead to the repealing of the Marriage Act No.47 of 1964.

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