Victory! Supreme Court recognises same-sex spouses

Tears of joy fell and jubilant ululation rang out yesterday at the Supreme Court in the capital when Chief Justice Peter Shivute delivered a judgment recognising the foreign spouses of two Namibian citizens in same-sex marriages.

"After seven years of struggle, we now know that Anita can call Namibia her home. We have not only won for us, but for other lesbians and gays as well," Anette Seiler told a Namibia Media Holdings journalist shortly after the verdict.

Seiler shared that, for the first time in years, her family can breathe a sigh of relief.

"We no longer have to worry about next steps as we have during the past seven years. The battle is over. We can now go on with our lives knowing that we can stay in Namibia," she said.

Her partner, German citizen Anita Seiler-Lilles, as well as South African Daniel Digashu, both struggled for years to obtain residency in Namibia - despite the fact that they both married Namibian citizens abroad.

Digashu is married to Namibian Johann Potgieter.

Their marriages were not previously recognised in Namibia because the state does not recognise same-sex marriages.

Digashu and Potgieter are also the adoptive parents of a 14-year-old boy.

In the judgment - signed by four Supreme Court judges - it was ordered that the home affairs ministry recognise the marriages of both couples, and that both Digashu and Seiler-Lilles be recognised as the Namibians’ legal spouses.

Relieved

Digashu said for the past six years, he has had to constantly renew his visitor's visa to stay with his family in Namibia. He will now enjoy the same rights as a foreign spouse in a heterosexual marriage.

"I am relieved and delighted about the possibilities for other same-sex couples, especially the Namibians," he said.

"We can now travel as a family without fear and the bad treatment at border posts.

“This ruling gives us the freedom to do things that are restricted by a visitor's visa. Among other things, I could not earn an income," he said.

A win for LGBTQ

"For the first time in history as queer Namibians, our marriages, our families and the homes we built in Namibia are being recognised. They are seen as an addition to Namibia," the founder of Drag Night Namibia, LGBTQIA activist Rodelio Lewis, said.

"I don't think anyone can put this moment into words, it's so surreal. My brain still can't comprehend that today a judge said he recognises us. It makes that inner seven-year-old who felt so confused feel welcome," an emotional Lewis shared.

According to him, this ruling is a symbolic victory for the queer community in Namibia.

"I think every queer Namibian is delighted because we finally have a place at the table that was not rented, but given to us because we deserve it and it's our right."

Phillip Lühl, a Namibian in a same-sex relationship with Mexican citizen Guillermo Delgado, believes that the ruling creates a legal precedent that recognises his marriage.

The two got married in South Africa and have since filed several court cases regarding the right of residence of their son Yona (3) and their twin daughters, Paula and Maya (2).

Criticism

Despite the elation felt in many circles, the announcement of Shivute's ruling also drew criticism.

The Namibia Economic Freedom Fighters (NEFF) was among those criticising the judgment, saying a national referendum must be held to make a final decision on the matter.

“This ruling has forced upon us the duty to recognise marriages recognised by jurisdictions foreign to us,” deputy president Kalimbo Iipumbu said.

On the criticism, Lewis said: "We can't make everyone happy. The reason why people feel the way they feel is valid for them, and how we feel is valid for us. The problem comes in when you decide that your opinions are more valid than others’".

He added that those who criticise the ruling are entitled to their opinions, but maintains that members of the LGBTQ community in Namibia deserve certain rights.

"If any person from the extreme faith would say that queer people do not have a right, they are speaking from their understanding of a different story. We must now ensure that any Namibian is heard - whether they are queer, trans[gender] or cis[gender].”