Sex disease, impotency among grounds for divorce in Malawi marriage bill criticised

Human rights activist Gift Trapence of the Centre for Development of People (Cedep) has appealed to President Peter Mutharika not to rush in assenting to e Marriage, Divorce and Family Relations Bill, into law, saying the bill has all good intentions only that it has been spoiled by some discriminatory aspects.

Kilembe:

Kilembe: Declare health status when entering into marriage

He cited the discriminatory aspects such as impotency and infecting your spouse with a Sexually Transmitted Disease as grounds for marriage dissolution.

Trapence said the bill “needs to be rectified “before the President assents to it

The new bill, in section 77(1), states that the grounds for nullification of marriage may be “that the respondent (the one sued) was permanently impotent at the time of Marriage” or “that the respondent was at the time of the marriage suffering from a sexually transmitted infection”

Lawyer Felisah Kilembe has however defended the marriage and divorce law.

“For example, on the issue of (Sexual Transmitted Infections) STIs, (or impotency) the marriage will only be annulled if
the petitioner was not aware that the respondent had the STI or was permanently impotent at the time of marriage and the proceedings must be brought up within one year of marriage.

“This in a way protects innocent parties from unscrupulous people who may enter into Marriage without declaring their health status to the detriment of the other party.

“At the same time, it protects the rights of those with STIs because the courts will not entertain any annulment of marriage on this ground if the petitioner was aware of the facts and also if the proceedings are not brought within one year of the marriage (as stipulated in the law)”

Critics argue that there are many mistakes in the Bill because it lacks the commonality required of national legislation, saying where the law states that women can divorce their husbands on the ground of impotency “a scientific definition of impotency must be provided so that there is agreed upon benchmark.”

Further, critics say research has shown that marital coercion affects the women more than the men. This is because most women are still largely dependent on the men for their livelihood.

Some fear if the President will assent the bill into law in its current form, it will provide a great opportunity for more individuals to become “sexually independent” and that there will not be commitment in relationships.

As a consequence, men will consort more with men and women with women because of complex social implications of heterogeneous relationships.

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48 thoughts on “Sex disease, impotency among grounds for divorce in Malawi marriage bill criticised”

  1. kwanda mngonyama says:

    we nakilembe weya po umoghite mukolowe??????

  2. WELL WELL says:

    All that is in the law is subjected to the burden on proof. How do you establish impotence when you are not supposed to consummate the relationship out of marriage?

    How do you establish the point of infection in the marriage? Should the application of the marriage certificate be accompanied with a health clearance report? Now which public hospital will afford this when we cant even afford simple malaria tests (without the support of donors)? Will every marriage be required to have a marriage certificate? Will our systems have the efficiency of processing every single marriage certificate application in a decentralized manner. Anthufe we should refrain from copying and pasting all the Western Laws without examining the capabilities of our infrastructure…. tidzikwaniisa izi!!

  3. peace says:

    You people must know the difference between impotence and infertility. Impotence is inability yo have sex whereas infertility is inability to bear children. Infertility is not a ground for divorce in this law.

  4. peace says:

    You people must know the difference between impotence and infertility. Impotence is inability yo have sex whereas infertility is inability to bear children.

  5. Guley says:

    Amuna ambiri kulephera kutota nde vuto lawo mpake ma advert ali mbwee mu news a erection cream. Musova inu ndi timatotedwe tangati nthawi ili 25 to 6 penanso half past six. Chilungamo chake ngati sutita ngati quarter to 9 kumakwera mmwMba mpaka 10 to 10 uli ndi vuto. you are impotent

  6. Chitima says:

    nanga si mathanyula a Trapencewo za impotence sizikuwakhuza aah

  7. KBY says:

    OChibwe kikkkk. Owo. Kkkk

  8. Malindima says:

    This bill is clear to all Malawians with good frame of mind.Who can allow to be infected with STDs including HIV and you continue to stay in that relationship?Who can allow people to be taken for a ride; to marry a partner who does not reveal her status just because either one of you sought after has wealth? That’s deceit and such a marriage MUST be annulled.

  9. Gonapajiya says:

    Why do we need parliamentarians in this country? Just for this nonses, know this good for nothing ki$embe for you to be born your parents went to consult a fetish priest to administer charms to have you.
    Watch out the scores on the score board, you will be surprized

  10. Chitseko says:

    Ine ndimamvera zomwe Baibulo limanena.Limanena mwamvemvemve kuti “sex” ndi ya anthu omwe akwatirana officially.ndiye lamulo lanu lopusali mwati tizidziwana m’mene tilili m’thupi tisanakwatirane?kwa ine nde mwanama.mkazi wanga tizadziwirana m’banja ngati sakufuna,ndiye kuti “no_woman_no_cry” kwa ine.

  11. Opale says:

    Bololo

  12. Chawanangwa Mlori says:

    Despite having good intentions of consolidating, harmonizing and strengthening the legal framework of marriage, divorce and family relations the bill has exposed many flaws which must appropriately and decently be dealt with first, before it ca be assented to.. As it is with individuals, so it is with nations. The God fearing person, acknowledges the Lord as its voice of authority, it not only stamps that affirmation on its coins, it impresses it into its laws. It prays for God’s guidance, relies on God’s providence, and walks according to His word. Blessed is that nation. The ungodly nation rejects God. It trusts, in itself, in its wealth, its trappings of power. its corporate intellect. Its voice is the voice of humanism. And what of those nations in which there is split of authority.Those who profess faith in God and stamp His word in the marble of their halls, but follow other gods? Such nations are unsure insecure. They waffle, they are tossed on the tides of uncertainty. They are blown by inconsistent winds. They sound an uncertain trumpet. They are few who follow their call ( 1 Cor. 14:8) Justice is synomous with righteousness, where there is no righteousness there is no justice. Man without God can only produce sinful (ungodly) laws (Habakkuk 1:4)
    I believe our beloved president will take this matter to the Lord with an earnest heart and surely the Lord will grant the president the right answer. Already we can see that the is sharply divided and they are busy fortifying their statements.

  13. che Mbela says:

    Osatota asakwatire. Nanga mkazi okana amuna awo kubedi mu bill aikamo? Bill yofunika kuiwunika bwino

  14. che Mbela says:

    Osatota asakwatire. Manga amazing okana amuna awo kubedi mu bill aikamo? Bill yofunika kuiwunika bwino

  15. Nkhondo ku Bedi says:

    Most married men are impotent when it comes to their wives because they sleep with mahule/girfriends amene amayamwa ndi nyansi zina. They come home kungogona gada manja kumbuyo iwe monse wayambira kuyesa kudzutsa katundu wakeyo chili duuu becasue wagona kale ndi girlfriend. Chonsecho mahule and ma girfriend akumuyamikira kuti amadinda bhoo game koma akabwera kwa iwe ngati mwana wakhanda. Ikungogwera uku ndi uku….. Divorce the idiot!

  16. WIZA says:

    The bill is trash. napepe a Malawi

  17. MELINDA says:

    kuti muonetsetse kwambiri,anthu omwe amakhala ndi zibwenzi zambiri,ndi anthu omwe ali ndi kachilombo.nde ugalu wa azimayi akatengedwa ndi mwamuna kukagonedwa ku nyumba kwake,amaganiza kuti kulibenso nzawo.koma ukanadziwa boko haram (hule) iwe.ndimamva chisoni ndikamaona azimayi ambiiri mukungothiridwa matope m’mimba kunamizidwa kumene kuti ndilibe mkazi koma chonsecho adathamangitsa kale wakazi.AMBUYE TITHANDIZENI KUKANTHA AZIBAMBO ONSE OMWE ALI NDI MCHITIDWE ONYANSAWU,ENA AMAKHALA NGATI OPEMPHERA PA OFFICE, KOMA ZOMWE AMACHITA AKAKHALA M’MAKUKAMU,ZOCHITITSA MANYAZI PAFUPI KUMENYEDWA NDI ACHITETEZO USIKU.KULI KUTOPA NAWO.NDE UDZAPEZA ANCTHITO AWO MOMWE AKUWAYALUTSIRA CHIFUKWA CHONYAMURA BOKO HARAM1(MAHULE AKU BALA NDE KULI BOKO HARAM2, MAHULE AKU OFFICE.NDILI NDI CHIKHULUPILIRO AMBUYE MWAMVA.ANTHU ASAMANGOTI ABAMBO UJENI.TSIKU LINA NDILEMBA ARTICLE YAZIMENEZI KUTI ENA ATENGEPO PHUNZIRO.NDEYA NOMBA

    1. Zosautsa says:

      Zikuoneka kuti mudathawidwatu mayi, kulira uku.

  18. Nyamalikiti says:

    The President cannot sign to this foolish bill.

  19. Wozinyanyala says:

    Peter Muntharika has gone impotent nde thesanitu banja.
    Anthunu mwangosowa zochita mu paliyamenti yanuyo. Muli busy kukambilana za kugonana while you are positioned 1 poorest village on earth. Mmalo moti makobiliwo mugwilitsire ncthito zina kutukula miyoyo ya a Malawi inu maso mumapanti basi….agalu inu. Azimayi amakonda kwambirinso anthu osabereka chifukwa they just use them as sex toys. Malawi parliament is just full of idiots.

  20. yuona says:

    Someone is trying to make marriage a useless institution. That one has got his own agenda. Watch out Malawians!

  21. EYE WITNESSES says:

    Richman? The prevalence of HIV has always been high in women…..uhule kwambiri azimayinu mwamba. Almos all health problems are prevalent in females and on the higher side. They will be dumped more and more. Instead of achieving security in women….they will ne insecure. Most women are unemployable and rely on husbands. Musova.

  22. Baba wa Boyi says:

    Is it possible in this day and age to hide impotence?

    You do not meet and get married within a day, so how do you hide impotence?

    Impotence is a medical condition that can happen at any time, one is not born with it. It also comes with age.

    I have not seen the bill, but what does it say about women? they can also be frigid (the equivalent of impotence in a man) or is the bill assuming that because women are supposed to be submissive its OK for them to be frigid?

    From the little i have read this bill is fraught with problems.

  23. Bolero says:

    So the Bill is actually encouraging people to engage is sexual encounters before marriage to prove their potency contrary to the teaching of the Holy Bible. No sex before marriage, please

  24. Richman says:

    Osangosiya bwanji kukwatira bwa if you are not happy with the bill, Azibambo ndinu athu oipa inu mukhaula muona and ndinu ambiri muli ndi kachirombo ka edzi nchifikwa chake mukati muone azimai ambiri alibe amuna chifukwa cha kusakhulupilirika kwawo ndiye Ambuye amangowakatha ndikuwakakhira kumanda ife a zimai tili chete chifukwa thawi zonse timakhala athu okhulupirika koma azibambo ntchito yogawa edzi nanji mkaziwa kuti akupezani nako ndiye kunyengera dala ndi tiana ta mumbeleko cholinga apite ambiri stupid azibambo onse onyenga

  25. Wawatu says:

    Something ain’t rt! Why shld unmarried Legal professionals be in fore front advocating marriage bill? They may have gd intentions but it just don’t sound rt. and why shld marriage be dissolved Bcoz the other partner is impotent? That’s Crazy. This bill will just lead to victimization of impotent partner. When u marry someone u accept them as a whole whether they can give u children or not. Stupid bill indeed!!

  26. Wawatu says:

    Something ain’t rt! Why shld unmarried Legal professionals be in fore front advocating marriage bill? They may have gd intentions but it just don’t sound rt. and why shld marriage be dissolved Bcoz the other partner is impotent? That’s childshness.

  27. Chibwe says:

    Good people, impotency is not bareness. It is kugwa mu papaya kapena tinene kuti “matenda olephera kutota”. Zikomo.

  28. Mafumu says:

    Nothing wrong with this bill. There are some men who are impotent and want to get married,….muzikatani nayo mkazi? Impotency here means “inability to have an erection” and its different from being infertile (kusabereka).

  29. here we go again says:

    nthawi yoyesa zida yakwana tsopano! No condoms, i want to see if i am real man before i enter into the marriage. Stupid bill!!! for gilrs akupatsani nthawi yokwanira kuti muyese zida, nanga mpake zaka 18 do it plain no condoms

  30. cancellor says:

    So Kilembe you declared status yourself? Because I doubt……

  31. John says:

    I find no problem with this bill because it says clearly that the Marriage will be nullified only if one of the spouse had hidden that he/she was impotent or had a sexually transmitted disease. why should one hide his/her status before marriage? you tell the other kuti ine ndilindimatenda kapena kuti ine sindimabereka. from there one should make his/her maganizo.

  32. It will soon be revealed!!! says:

    What was at the back of the minds of those who drafted this disgusting bill? I have always felt Seodi White has all the hallmarks of a disciple of the devil and this product is evident of my fears. This is the work of Seodi White, the mother of all marital evil in this country. Seodi has an iron axe to grind with all men. Seodi must know that misusing her profession to fight personal failures at the expense of others is a heinous crime. Soon this woman will be advocating for suicide belts for women to solve marriage disputes. As for Faith Kilembe, I feel sorry for you for joining the Seodi klan and I assure you that your descent into self destruction will be very rapid.

  33. Cashgate 1 says:

    Just don’t marry and live your life. By the way you will not die and you will even be successful.

  34. zeze says:

    Women Groups, Minister of Gender, UN Women and other groups supporting women enhancement, can’t you see this bill as a huge set back to women enhancement in this country? Development starts from family institutions. Women in Malawi are a vulnerable group and putting up such a piece of legislation makes them worse. You are killing Malawi and not developing it. Why are laws there – to induce positive developments and not otherwise. APM do not assent to it!

  35. me says:

    y would one still insist to be married if they are impotent or have STIs ? Marriage is a contract and it comes with obligations and if one can no longer fulfill their obligations or if they put their partners in danger, then there are grounds for divorce. Its that simple.

  36. Can’t a woman be impotent? So can men also divorce a woman because she is impotent. Look at that clause again that talks about man’s impotency.

  37. eye witness says:

    Just wait and see. the implications of divorce affects a woman more than a Man. if am divorced today, tomorrow i can marry. but if the same happens to a woman allas! she may perpetually remain single.

    Mimba mumachotsazi muli ana ife tikazidziwa titakwatilana kuti maliseche anaonongeka basitu, this is poor health sexually….filing for divorce. if accidentally i have failed to impregnate her within a year or deliberately, basitu, amzako atenge nawo malo because the only proof is Mimba or a child. Azimayi ndinu opusa kwambiri. osabala ambilinso ndinu azimayi koma apa mudzathyoka nazo mendo umbeta sudzakutherani.

    with this scarely i may even avoid marrying.

  38. mboma says:

    This is very interesting but very true to me, am impotent, i never knew i was impotent untill i got married, after 1 yr no baby, we went to hospital in Tanzania, there they found out that i was born with one testis, a medical condition known as “undecended testis”, therefore i have low sperm count, since i discovered that i have been telling my wife to divorce me since i cant give her a baby and because she is growing and as a woman she needs a baby, she refuses, personally since i discovered that medical problem, i have no interest in marriege again, i try to do everything to frustrate this woman so that she can go, but she doesnt want, what can i do so that she can go guys help me, am tired of being married yet am impotent, we r now 5 yrs in marriege no baby!!!!!

  39. chefourpence says:

    Law for property grabbing and ditched bitches seeking to avenge their unmarketability on men! I think Malawian men are being over silent! Churches! You can’t afford to be silent at this time! You can’t! Read the law, think, asrutinize! And comment! These secular humanists will strip the institution of marriage into corrupt sodomic one! I say churches not prophets!

  40. Gonapajiya says:

    Can i say we have lawyers in the land no. These are rubber stamped.
    Mr president chonde don’t sign this bill into law. Give it time.
    These angry divrced women lawyers they want to put this country in a mess. Becareful how you handle it.
    Don’t say that i did say it when it happened

  41. GCM says:

    It’s a good law to the man, if you find you are not too happy with a woman you are married to, within a year of course, fake impotency and she will leave you in your peace!

  42. golden eye says:

    Our laws are hurried and with so many loop holes you will see that 6months later Lawyers are arguing on the same same law they drafted. May that’s how they make money. T o twist things for tomorrow’s bread. Thanks I am not a lawyer.

  43. Kkkkkkkk mpaka kumeneko let the law pass most women are the ones divorce the marriage inorder to be free or they take all katundu to their home parents. Mukangokangana kankhani kakang’ono ukango pita ku ntchito uzapeza wasesa munyumba katundu yonse ndiye lamuloli likhoza kupindulira ife azibambo this is just my view to comment thanks

  44. fupa lokakamiza limaswa mphika.

  45. Kafire says:

    Thats why I always say that our lawyers are only half baked. They just memorise colonial sections verbatim. They dont have a critical mind. In this country we encourage people to enter into marriage while virgins, meaning that if they are permanently impotent they can only know that after marriage. After a year or so when there is no baby coming thats when they become inquisitive. So what this law wants is for everyone at eighteen to have mandatory impotency test or the other way is to have secret sex to test whether one is fertile or not before committing with somebody. How practical is that? Stupid lawyers. You are just bulldozed by angry women lawyers such as Kilembe, Seodi and Osman.

  46. gere says:

    Felisa, you look too cute and nice to be defending such a crap bill! Oh, I forgot, you are a lawyer; even if something is morally very wrong, you still gotta defend the wrong. Just like you stand in for murders, robbers, thieves, cashgater’s, rapists, child molesters.

  47. jedi says:

    I am no Lawyer but having read the infamous bill, how I wish Felisa Kilembe and all those who were involved in drafting the bill looked at it very soberly and without bias. Firstly; it sounds like it was drafted by disgruntled individuals who wish to square vendettas with men. Secondly, we can wait and see who the real victims of the bill will be, the same women the bill is purported to be protecting

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