The Namibian government is currently conducting a legal assessment of a recent Supreme Court ruling that recognised same-sex marriages solemnised outside the country. Speaking on the matter, Namibia’s Attorney General, Festus Mbandeka, stated the government was in the process of determining its permissible course of action before responding to the ruling publicly. Meanwhile, the Supreme Court’s decision, which was perceived by the LGBTQ+ community as a significant step forward in their quest for recognition, has elicited a deep-seated controversy amongst Namibians regarding the recognition of same-sex unions.
The case was instituted after two couples separately applied for residency in Namibia. In the first instance, a German woman married to a Namibian woman was seeking legal recognition of their marriage solemnised in Germany. Similarly, a South African man in a same-sex marriage with a Namibian man was also seeking official recognition of their union. In the judgement, four judges ruled that the Ministry of Home Affairs’ refusal to recognise same-sex marriages conducted outside the country was unconstitutional, thereby violating the constitutional rights to dignity and equality.
Consequently, non-Namibian partners in same-sex relationships are granted the same rights of residence that are usually afforded to persons in heterosexual relationships, following the decision. However, the ruling has indeed exacerbated society’s differences on the subject, revealing cultural, moral and social sensitivities that have long existed within the country’s diverse populace.
Opponents of the ruling, especially the country’s traditional leaders who view the decision as a Western import into Namibian culture, have urged President Hage Geingob to nullify the Supreme Court’s decision. Additionally, the Popular Democratic Movement (PDM) has said they neither support nor endorse same-sex marriages, but stressed their support for the human rights of LGBTQI+ groups as enshrined in the constitution. The party’s leader, McHenry Venaani further reiterated that the authority to recognise or prohibit same-sex marriages lies with the National Assembly.
