Govt issues domicile permits to same-sex spouses

Complying with a May Supreme Court judgment on the recognition of same-sex marriages solemnised abroad, the ministry of home affairs has started issuing domicile and other relevant permits to foreign spouses married to Namibians.

Since announcing that it will abide by the court order, the ministry has been under pressure from members of the public opposed to same-sex marriage, as well as the Swapo Party, which sought to evade the ruling by redefining the word ‘spouse’ in the Immigration Control Act.

This perhaps explains why officials, including executive director Etienne Maritz, have ignored questions sent to them regarding the ministry now issuing these permits.

The situation has been exacerbated by parliament passing anti-gay laws in July, initiated by former home affairs minister Jerry Ekandjo to counter the court ruling.

President Hage Geingob, on advice of the attorney-general, is expected to soon make a decision on whether to sign the anti-gay laws.

Namibian Sun understands that while some couples have received their permits in recent weeks, others are still waiting for theirs to be approved. Those who are on the waiting list have told this publication that they are ‘not worried’ and are confident they will get the necessary documentation.

Equal treatment

Daniel Digashu, who successfully fought in the Supreme Court for the right of same-sex couples to be recognised by the Namibian government, told Namibian Sun that he is now receiving the same treatment as heterosexual people by customs.

He added that a home affairs memo - informing its staff to refrain from requesting foreign spouses married to Namibians in same-sex unions and their dependent children to provide any type of permit for their entry into Namibia – has been upheld by officials.

“I had trouble coming in last time when I was given a visitor’s visa, regardless of the Supreme Court ruling. However, when I returned this week, I got the round stamp, which I think which would be their way of respecting the ruling.

“I used the [ministerial memo] as part of my travel documents. I think it might have helped also,” Digashu said.

Minister mum

Home affairs minister Albert Kawana did not respond to questions sent to him on the ministry’s latest issuance of permits to same-sex foreign spouses.

In June, Kawana faced criticism from Swapo secretary-general Sophia Shaningwa for planning to adhere to the court ruling while the nation is 'up in arms' against same-sex marriages.

“Why did you give the public notice on this immoral matter - which the population rejects - yet there are so many cases the ministry lost in the courts, but [you] never gave such public notices?” Shaningwa asked Kawana in parliament.

On Friday, home affairs spokesperson Margaret Kalo said she would only be able to respond to questions today.

“I will follow up again with the same-sex question on Monday. I am currently not in the office. In July, I also called you personally and I informed you that there were no applications received yet [for these permits].”

Waiting game

Carli Schickerling, a lawyer representing one of the couples who won in the Supreme Court in May, said her clients are still awaiting communication from the ministry regarding their application for domicile.

“We are not concerned about this at all; they told us that it can take anywhere between six to 12 months,” she said.

Meanwhile, Florian Beukes of Metcalfe and Beukes Attorneys said they are waiting on clients who are in the process of getting married in South Africa, who will then return to have their unions registered in Namibia.

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