Kawana tells ministerial critics on same-sex nuptials to approach courts

Home affairs minister Albert Kawana yesterday came out swinging against critics of his ministry’s decision to abide by a Supreme Court ruling on same-sex marriages, telling them to seek recourse with the courts.

He made the remarks while responding to Popular Democratic Movement (PDM) parliamentarian Vipuakuje Muharukua, who branded the ministry as ‘irresponsible’ for implementing the court order.

Kawana has been under pressure from his own party Swapo, whose secretary-general Sophia Shaningwa questioned his decision in parliament recently.

Shaningwa took issue with the home affairs ministry’s decision to abide by the court order, reminding Kawana that he is a senior member of the ruling party, which just recently resolved to tackle the definition of the term ‘spouse’ in the country’s Immigration Act and give it an unambiguously heterosexual meaning.

Swapo parliamentarian and former youth minister Jerry Ekandjo last week brought a Private Members Bill, which seeks to ensure spouse is defined as per Swapo’s resolution.

The hullaballoo followed a Supreme Court ruling in May that the home affairs ministry must accord foreign spouses married abroad to Namibians in same-sex matrimonies the same rights as heterosexual foreigners in a similar situation.

This means foreign gay spouses married to Namibians must be issued with the same permits – such those of residency and work – as their heterosexual counterparts.

The ministry recently announced that it would comply with the court ruling after all.

It ends with me

Kawana did not beat around the bush yesterday, taking full accountability for the ministry’s decision.

"Anything that's happening in that ministry involves and ends with me,” he said.

“I take note of the sentiments expressed and respect your view. For me, you [Muharukua] are referring to cases in which you know my views and opinion. I defended the country and the community and opposed this ruling up until the Supreme Court.”

“As a democratic country, we have tried to accommodate everyone by way of amendment," he said.

Offensive

Kawana added, "on behalf of the majority of Namibia", that same-sex marriage offends the country’s traditions, cultures, morals and ideologies.

"What we are doing now [by complying with the ruling] is according to Namibian laws. For those who feel like we are doing something illegal and unconstitutional... you know where to go. Proceed. Go to court, as you have done in the past. We are not doing anything illegal," he said.

Muharukua retorted: "Is this the responsible way for parliament to handle this situation? Why are they forcing the bill to go through and rush through it? It is irresponsible," he said.

He further called Ekandjo a hero.

"You [Ekandjo] are a hero. As long as you are alive, we will have order. There is no way a man or woman leaves Namibia and comes back another gender. Bring a bill criminalising sex change and have the special field force arrest these people the same way they arrest unemployed young people when they protest," Muharukua said.

U-turn

While Kawana initially said the ministry would await the attorney-general’s OK before complying with the ruling, the ministry made a U-turn on this pronouncement and issued a notice to its staff, in which it stated: “Regardless of whether a marriage is heterosexual or homosexual in nature, the foreign partners and children of Namibian nationals will be granted full entry into the country”.

It added: "A foreign national, who concludes [a marriage with a Namibian] - regardless of whether their relationship is heterosexual or homosexual in nature - is entitled to enter, reside, work and/or study in Namibia without the need to obtain any permit to do so".

Kawana is set to address and answer questions by Shaningwa on why his ministry decided to comply with the court order during today’s parliament sitting.