Abolition of Marital Power Act ends common law practice

8 October, 2008 in Botswana

source: BOPA
07 October, 2008

LETLHAKANE – The Abolition of Marital Power Act has put an end to the common law practice of marital power that made the husband the head of the household with final decision making powers, the Minister of Labour and Home Affairs Mr Peter Siele has said.

Speaking during a kgotla meeting in Khumaga recently Mr Siele said a married woman had no capacity to answer legal proceedings without the assistance of her husband before the enactment of the Act.

This he said became problematic especially where the wife had to bring an action in which her husband was implicated.

He said the husband was the sole administrator of the joint estate and a wife was a legal minority because she had to request her husband’s consent and assistance to deal with family property.

Mr Siele said the wife lost the capacity to acquire a domicile of her own choice and the [continue reading]