Geingob, AG to decide fate of Ekandjo bills
Country waits on president with bated breath
The presidency says Geingob will be guided by the principles of the rule of law when he decides whether to sign or not.
The presidency has confirmed receipt of bills seeking, among other things, to suppress views that favour same-sex marriages.
Originally camouflaged as only seeking to explicitly define the term ‘spouse’, the bills - tabled in parliament by Swapo hard-liner Jerry Ekandjo - are also now seeking to ban ‘advocacy’ and ‘propagating’ for same-sex marriages.
According to the bills, anyone found advocating for or propagating same-sex marriages could face a fine of up to N$100 000.
The ruling party Swapo, at its central committee meeting last week, resolved to push for giving ‘spouse’ a clear heterosexual meaning in the Immigration Control Act.
This follows a Supreme Court ruling in May which ordered the ministry of home affairs to recognise same-sex individuals validly married to Namibians abroad.
Ekandjo, who allegedly did not consult Swapo, went a step further by seeking to suppress views advocating for same-sex marriage. This is seen as a violation of freedom of expression, one of the fundamental rights under Chapter 3 of the Namibian Constitution.
Rule of law
When asked about the president's plans for the legislation, press secretary Alfredo Hengari emphasised government's commitment to the rule of law and stated that the bills would undergo a constitutional review by the attorney-general.
“President Hage Geingob is committed to effective governance, where the rule of law is paramount in our constitutional democracy. The bills will go through the attorney-general as part of the process to test the constitutionality of their content. Those are our processes, systems and institutions at play,” he told Namibian Sun.
Attorney-General Festus Mbandeka clarified his role in the matter, saying: "My position and my constitutional functions in relation to government and the president are of an advisory nature, and as such, it is regulated by an attorney-client relationship”.
He added: “Legal advice is privileged and confidential communication. Therefore, I cannot share any advice, or its content thereof, that I may give to government and/or the president on legal matters with third parties”.
Discriminatory
Human rights groups have voiced concerns that the proposed legislation could be discriminatory and potentially violate the fundamental human rights of same-sex couples.
Among those opposing the bills is the Germany-based Lesbian and Gay Association of Berlin-Brandenburg (LSVD), which on Monday wrote a letter to President Geingob urging him not to sign the legislation.
The LSVD contended that the bills, if enacted, could adversely affect human rights and the right to dignity, and called on the president to uphold the rights of all Namibian citizens - including those from the LGBTQIA+ community.
The Namibian Constitution presently does not explicitly prohibit same-sex marriage. However, these bills would effectively bar same-sex couples from legally marrying by restricting the definition of ‘spouse’ to a person married to someone of the opposite sex.
Three options
According to legal and political consultant Nico Horn, Geingob has three options regarding the controversial bills: He can make recommendations and send them back to Parliament, sign them into law, or reject them outright.
If these bills become law, same-sex couples would face significant changes in various aspects of their lives. Marriage and adoption rights would be curtailed, and certain legal protections - including inheritance rights - might no longer apply. Additionally, advocating for and propagating same-sex marriages would be criminalised.
Horn added: "If the president does not support the Ekandjo bills, he will probably come up with another solution. But there are no other solutions that will satisfy the followers of Honourable Ekandjo and I am not convinced that the Ekandjo followers will convince the president to accept the proposed bills".
According to him, it is possible that the bills are unconstitutional in their reaction to the Supreme Court judgment.
With the nation holding its breath as it awaits Geingob’s decision, one thing is clear: The future of these bills will chart a significant course for Namibia's social landscape.
Originally camouflaged as only seeking to explicitly define the term ‘spouse’, the bills - tabled in parliament by Swapo hard-liner Jerry Ekandjo - are also now seeking to ban ‘advocacy’ and ‘propagating’ for same-sex marriages.
According to the bills, anyone found advocating for or propagating same-sex marriages could face a fine of up to N$100 000.
The ruling party Swapo, at its central committee meeting last week, resolved to push for giving ‘spouse’ a clear heterosexual meaning in the Immigration Control Act.
This follows a Supreme Court ruling in May which ordered the ministry of home affairs to recognise same-sex individuals validly married to Namibians abroad.
Ekandjo, who allegedly did not consult Swapo, went a step further by seeking to suppress views advocating for same-sex marriage. This is seen as a violation of freedom of expression, one of the fundamental rights under Chapter 3 of the Namibian Constitution.
Rule of law
When asked about the president's plans for the legislation, press secretary Alfredo Hengari emphasised government's commitment to the rule of law and stated that the bills would undergo a constitutional review by the attorney-general.
“President Hage Geingob is committed to effective governance, where the rule of law is paramount in our constitutional democracy. The bills will go through the attorney-general as part of the process to test the constitutionality of their content. Those are our processes, systems and institutions at play,” he told Namibian Sun.
Attorney-General Festus Mbandeka clarified his role in the matter, saying: "My position and my constitutional functions in relation to government and the president are of an advisory nature, and as such, it is regulated by an attorney-client relationship”.
He added: “Legal advice is privileged and confidential communication. Therefore, I cannot share any advice, or its content thereof, that I may give to government and/or the president on legal matters with third parties”.
Discriminatory
Human rights groups have voiced concerns that the proposed legislation could be discriminatory and potentially violate the fundamental human rights of same-sex couples.
Among those opposing the bills is the Germany-based Lesbian and Gay Association of Berlin-Brandenburg (LSVD), which on Monday wrote a letter to President Geingob urging him not to sign the legislation.
The LSVD contended that the bills, if enacted, could adversely affect human rights and the right to dignity, and called on the president to uphold the rights of all Namibian citizens - including those from the LGBTQIA+ community.
The Namibian Constitution presently does not explicitly prohibit same-sex marriage. However, these bills would effectively bar same-sex couples from legally marrying by restricting the definition of ‘spouse’ to a person married to someone of the opposite sex.
Three options
According to legal and political consultant Nico Horn, Geingob has three options regarding the controversial bills: He can make recommendations and send them back to Parliament, sign them into law, or reject them outright.
If these bills become law, same-sex couples would face significant changes in various aspects of their lives. Marriage and adoption rights would be curtailed, and certain legal protections - including inheritance rights - might no longer apply. Additionally, advocating for and propagating same-sex marriages would be criminalised.
Horn added: "If the president does not support the Ekandjo bills, he will probably come up with another solution. But there are no other solutions that will satisfy the followers of Honourable Ekandjo and I am not convinced that the Ekandjo followers will convince the president to accept the proposed bills".
According to him, it is possible that the bills are unconstitutional in their reaction to the Supreme Court judgment.
With the nation holding its breath as it awaits Geingob’s decision, one thing is clear: The future of these bills will chart a significant course for Namibia's social landscape.
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