GOV.BW

• In accordance with Section 3(1) of the Married Persons Property Act marriage solemnised between spouses is outright out of community of property and community of profit and loss or any liabilities or privileges therefrom.
• However, the Act provides that spouses may choose to contract to be in community of property and community of profit and loss or any liabilities or privileges therefrom by signing an instrument to that effect.
• The instrument must be signed by each of the spouses before solemnisation of their marriage and in the presence of two persons one of whom shall be an administrative officer as a witness to the choice made.
• For the signed instrument to be valid it must be registered in the Deeds Register (Attorney General’s Office) within 90 days. If not registered within this period the instrument will not be valid hence the marriage will be presumed to be out of community as at Section 3(1).

According to the Marriage Act No. 18 of 2001, Chapter 29:01, any marriage that takes place within Botswana must be registered except marriages contracted in accordance with any customary law of Botswana or Muslim, Hindu or any other Religious right.

Why do you have to register a marriage?

• For national statistical purposes, to cater for development
• Evidence of existence of marriage having been legally solemnised

Any non-citizen who requires the immediate employment or other engagement in an occupation for reward or profit for a period not exceeding three (3) months.

Still under Review.

Women generally carry heavier economic and social burdens then men when it comes to HIV/AIDS. Due to historical and cultural factors, women tend to be the caregivers for both the sick and those who have been orphaned by the epidemic. Additionally, women who are living with HIV/AIDS often suffer two types of discrimination. First, there is discrimination based on their gender, and second, there is discrimination based on them being a Person Living with HIV/AIDS (PLWHA). Thus, the issue of gender equality deserves special attention. Gender inequality, no doubt, leads to the spread of HIV/AIDS because it both reduces a woman’s control over her life, and increases her vulnerability to HIV infection [UNDP Bots Report, p.14]. Thus, systemic gender inequality is a major factor in the spread of HIV/AIDS.

The right to gender equality means that all forms of discrimination based on gender should be prohibited. In the context of HIV/AIDS, it means the following:

• Access to health care.
• Equality before the law.
• Modification of cultural and traditional practices that disadvantage women.
• Concrete measures should be taken to ensure the respect of women’s autonomy regarding issues such as control of both sexuality and sexual activity.

In Botswana, women are overrepresented in both the general population and the working poor. A higher proportion of female-headed households are “poor” or “very poor” than male-headed households, with rates of 50 percent and 44 percent, respectively. In 2008, women occupied 37 percent of public service positions involving decisions, which was an improvement from the 2002 Gender Disaggregated Data Report that identified that only 30 percent of the civil service decision makes were female. Since the public and private sector are connected, a lack of advancement of women in the public sector indicates a lack of advancement of women in the private sector as well.

It could be concluded that the male domination of decision-making positions in Botswana is a hindrance to the advancement of women. It could further be concluded that national decisions are made with minimal influence from women. Since women constitute most of the Botswana population, a situation similar in other Southern African Development Community (SADC) countries, this means that national decisions are made by a segment that represents less than half of the country’s population.

Botswana is a signatory to several declarations that commit the country to placing women into decision-making positions. This desired percentage representation of women into decision-making positions could be achieved through reshuffling current positions such that women are posted into said positions. This would make an impact that would eventually facilitate a change towards achieving gender equality.