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Paul Mukiibi, Head of the Department of Law Reporting, Research, and Law Reform, during a presentation to the Joint Committee on Legal and Gender Affairs in Parliament
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By Our Reporter
The Law Development Centre (LDC) has cautioned against several provisions in the proposed Marriage Bill, 2024, arguing that they could infringe on constitutional rights and impose undue burdens on Ugandans. The concerns were raised by Paul Mukiibi, Head of the Department of Law Reporting, Research, and Law Reform, during a presentation to the Joint Committee on Legal and Gender Affairs in Parliament.
Mandatory court orders for DNA testing
Mukiibi criticized Clause 44 of the Bill, which proposes that DNA tests to establish parentage can only be conducted after obtaining a court order. He warned that this requirement would be financially and logistically burdensome for families.
“We think this isn’t a proper test,” Mukiibi said, emphasizing the societal implications. “DNA results have already caused disruptions in some families, and making court orders mandatory for DNA testing adds another layer of complexity for individuals seeking clarity on parentage.”
The clause aims to enforce a presumption of parentage, where a child born during marriage is presumed to belong to the spouses. While this seeks to simplify parental responsibilities, the LDC warned of its potential to exacerbate family disputes if DNA testing is overly restricted.
Parental consent for Christian marriages
The Bill also includes a proposal (Clause 5(d)) requiring parental consent for individuals seeking Christian marriages, which Mukiibi strongly opposed. He argued that the provision contradicts Article 31(1) of the Constitution, which grants men and women of legal age the right to marry based on their consent.
“Adults of majority age should not be compelled to seek parental or guardian consent,” Mukiibi said. “This would undermine the autonomy of adults, who are presumed capable of making their own decisions after turning 18.”
He added that the clause would create unnecessary legal challenges and restrict individual freedoms, recommending its removal to align with constitutional provisions.
Mandatory Pre-Marital Counselling
Clause 15 of the Bill proposes mandatory pre-marital counselling for couples intending to marry. Mukiibi dismissed this requirement as redundant and unnecessary for legislation.
“Pre-marital counselling is more of a social or parental practice,” he noted. “It shouldn’t be a legal barrier to marriage. Adults are their own primary counsellors, and the absence of formal counselling shouldn’t disqualify them from getting married.”
Mukiibi emphasized that while counselling is a good practice, it should remain a personal or community initiative rather than a legislative mandate.
Call for revisions
The LDC urged Parliament to amend the contentious provisions to uphold constitutional rights and reduce unnecessary burdens on individuals. The recommendations aim to ensure that the Marriage Bill, 2024, reflects modern societal realities while respecting personal autonomy.
The Marriage Bill, 2024, was tabled by Sarah Opendi (Tororo Woman MP) and is currently under review by the Parliamentary Joint Committee on Legal and Gender Affairs.
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