Same-sex nuptials: Swapo opts to respect courts
During a marathon Swapo politburo meeting yesterday, party leaders conceded they have no power to reverse a Supreme Court ruling which orders the home affairs ministry to issue relevant residence rights to foreign same-sex spouses married to Namibians.
This will be confirmed at a party press conference scheduled for this morning.
Namibian Sun reported that the top four leaders of the party met last week to discuss the landmark judgment and escalated the matter to the politburo for further discussions.
Namibian Sun understands that President Hage Geingob told the meeting he has no power to intervene - let alone reverse the court ruling - as some have called him to do.
“It was tough discussion, but in the end we all understood that we don't have the power to reverse the court ruling. For now, we stick to the country's common law, as per Article 66 of the constitution,” a politburo member told Namibian Sun in confidence.
Article 66 states that both the customary law and the common law in Namibia shall remain valid to the extent to which they do not conflict with the country’s constitution or any other statutory law.
'Done and gone'
“It’s done and gone. That’s what we felt as a collective. Also, Swapo doesn’t want to be seen as a party that undermines and embarrasses judges who made this decision and who, in fact, were appointed by the Swapo president.”
At the meeting, the party entertained the idea of calling for a referendum, although some felt this would be a costly exercise.
“There are also fears that the results could come out in favour of the ruling – so there might be a backlash on why money was wasted,” the member said.
Party spokesperson Hilma Nicanor opted not to comment yesterday, saying Swapo will make its collective position known today.
The Swapo Party Youth League, the elders’ council, party war veterans and founding party president Sam Nujoma have all condemned the ruling, and so have Owambo traditional authorities and retired Lutheran bishops.
This will be confirmed at a party press conference scheduled for this morning.
Namibian Sun reported that the top four leaders of the party met last week to discuss the landmark judgment and escalated the matter to the politburo for further discussions.
Namibian Sun understands that President Hage Geingob told the meeting he has no power to intervene - let alone reverse the court ruling - as some have called him to do.
“It was tough discussion, but in the end we all understood that we don't have the power to reverse the court ruling. For now, we stick to the country's common law, as per Article 66 of the constitution,” a politburo member told Namibian Sun in confidence.
Article 66 states that both the customary law and the common law in Namibia shall remain valid to the extent to which they do not conflict with the country’s constitution or any other statutory law.
'Done and gone'
“It’s done and gone. That’s what we felt as a collective. Also, Swapo doesn’t want to be seen as a party that undermines and embarrasses judges who made this decision and who, in fact, were appointed by the Swapo president.”
At the meeting, the party entertained the idea of calling for a referendum, although some felt this would be a costly exercise.
“There are also fears that the results could come out in favour of the ruling – so there might be a backlash on why money was wasted,” the member said.
Party spokesperson Hilma Nicanor opted not to comment yesterday, saying Swapo will make its collective position known today.
The Swapo Party Youth League, the elders’ council, party war veterans and founding party president Sam Nujoma have all condemned the ruling, and so have Owambo traditional authorities and retired Lutheran bishops.
Comments
Namibian Sun
No comments have been left on this article