Govt at war with itself over gay nuptials
• Same-sex marriage Supreme Court ruling under microscope
The three branches of government are at loggerheads over a Supreme Court ruling on same-sex marriages, a situation which could test the notion of separation of powers.
Government has announced that it is conducting a legal assessment to determine the appropriate course of action, within the constitutional framework, following a recent Supreme Court ruling that compels the state to recognise foreign same-sex spouses married to Namibians in terms of the country's immigration laws.
Attorney-General (AG) Festus Mbandeka, in a statement issued yesterday, stressed that government takes note of the Supreme Court judgment and upholds the independence of the judiciary, adding that the courts are subject only to the constitution and the law.
“Given the magnitude of this judgment and its wider legal implications, government is in the process of conducting a legal assessment of this constitutional ruling before determining the appropriate course of action within the available constitutional parameters. Government will inform the public of the official response to this Supreme Court ruling at the appropriate time,” he said.
Human rights lawyer Norman Tjombe said it is within the state’s rights to do a legal assessment, but compliance with the court order should not be dependent on the assessment.
“In any event, the matter which the Supreme Court dealt with has been a topical issue for many years, and certainly since the commencement of the just-concluded litigation. A legal assessment of all the possible outcomes of the litigation should have been done at the outset, and not when the horse had bolted. I sincerely hope that the statement does not mean that government is considering whether to sidestep the order of the highest court of the land, or comply with it.”
Slippery slope
Legal Assistance Centre (LAC) director Toni Hancox said while the AG recognises the Supreme Court ruling, his position to consider other ways to challenge the ruling - such as through constitutional amendments - is a slippery slope, and only done in extreme cases.
She also suggested that perhaps the way forward would be to go for a referendum because it appears as if the general population does not have an issue with same-sex marriage.
“I am hoping that that won’t be the case. We need to wait and see what decision they have come to. One wonders why we are not doing the same kind of introspection when it comes to people in the country who have nothing to eat.
“The other issue is also, if the law is lawfully changed, one would have to ask the question how it can be lawful when it still goes against equality and dignity that is in the constitution – that would be a difficult thing to do,” she said.
Meanwhile, Mbandeka called upon Namibians to exercise their freedom of expression responsibly, constructively and with respect for the rights of others, particularly in the wake of several anti-gay WhatsApp groups that have emerged, denouncing homosexuality as an ‘abomination’.
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Attorney-General (AG) Festus Mbandeka, in a statement issued yesterday, stressed that government takes note of the Supreme Court judgment and upholds the independence of the judiciary, adding that the courts are subject only to the constitution and the law.
“Given the magnitude of this judgment and its wider legal implications, government is in the process of conducting a legal assessment of this constitutional ruling before determining the appropriate course of action within the available constitutional parameters. Government will inform the public of the official response to this Supreme Court ruling at the appropriate time,” he said.
Human rights lawyer Norman Tjombe said it is within the state’s rights to do a legal assessment, but compliance with the court order should not be dependent on the assessment.
“In any event, the matter which the Supreme Court dealt with has been a topical issue for many years, and certainly since the commencement of the just-concluded litigation. A legal assessment of all the possible outcomes of the litigation should have been done at the outset, and not when the horse had bolted. I sincerely hope that the statement does not mean that government is considering whether to sidestep the order of the highest court of the land, or comply with it.”
Slippery slope
Legal Assistance Centre (LAC) director Toni Hancox said while the AG recognises the Supreme Court ruling, his position to consider other ways to challenge the ruling - such as through constitutional amendments - is a slippery slope, and only done in extreme cases.
She also suggested that perhaps the way forward would be to go for a referendum because it appears as if the general population does not have an issue with same-sex marriage.
“I am hoping that that won’t be the case. We need to wait and see what decision they have come to. One wonders why we are not doing the same kind of introspection when it comes to people in the country who have nothing to eat.
“The other issue is also, if the law is lawfully changed, one would have to ask the question how it can be lawful when it still goes against equality and dignity that is in the constitution – that would be a difficult thing to do,” she said.
Meanwhile, Mbandeka called upon Namibians to exercise their freedom of expression responsibly, constructively and with respect for the rights of others, particularly in the wake of several anti-gay WhatsApp groups that have emerged, denouncing homosexuality as an ‘abomination’.
[email protected]
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