37. ARTICLE 6: THE RIGHT TO MARRIAGE AND CHOICE OF SPOUSE Article 14 of the Namibian Constitution provides that marriage shall be entered into only with the free and full consent of the intending spouses between a man and woman of full age without any limitation due to race, color, ethnic origin, nationality, religion, creed or social or economic status. Civil marriages in Namibia are regulated by the Marriage Act, Act No. 25 of 1961 and the Married Persons Equality Act, Act No. 1 of 1996. Both men and women of 18 years and older, have the right and are allowed by law to marry and found a family. The most important aspect of the Married Persons Equality Act is that it abolished the common law rule of marital power which was vested in the husband. With the abolition of marital power women have the rights to enter into contractual agreements and own property. Intending spouses in civil marriages are free to choose on how their property would be managed when they get married in community or out of community of property. However Namibia, has inherited a marriage system which applies in some parts of the country in terms of which civil marriages are out of community by default. The Government is in the process of reforming the law to provide for a uniform system throughout the country. Customary laws of various ethnic groups in Namibia do not set a minimum age for marriage, but marriage generally does not take place before puberty, or before the attainment of an acceptable level of social maturity. Family consent is generally required for a marriage to take place. In most communities the consent of both the intending spouses is generally necessary as well. A customary law marriage involves a series of negotiations between two groups and creates rights and responsibilities between all family members. A draft Bill on customary marriages, which provide for the registration of customary marriages as well as the capacity to marry, is still in consultation stages with different stakeholders. There has been a concern in the country about possible abuses by foreigners who marry Namibians for the convenience of getting a foothold to permanently reside in Namibia or acquire citizenship. There seem to be inadequate controls on ascertaining free will and consent, in this regard. - 52 -