‘Spouse’ is Swapo’s bazooka against gay nuptials

Between the recent Supreme Court ruling regarding same-sex marriages solemnised outside Namibia and realising its full implementation stands the word ‘spouse’, which Swapo has decided must be bestowed a heterosexual meaning to do away with current ambiguities.The party says there would be no legal barriers for parliament to enact such a legal principle, so that going forward, the validity of a marriage can no longer be determined by a foreign country’s legal requirements but should instead align with Namibia’s own marriage laws and definition of spouses. In the context of Namibia, marriage legally occurs between a man and a woman – and Swapo wants ‘spouse’ to be defined in line with this understanding. Legal wrangling A 47-page position paper on the matter submitted to the politburo, and seen by Namibian Sun, paints a picture of a party at pains to observe the independence of the judiciary while appeasing its rank and file, which has taken a hardline stance on issues related to same-sex marriages."... In Namibia, the issue of same-sex marriages transcends various questions of law, culture, customs, religion, and morals. It is therefore an issue that must be addressed by parliament, for it is the elected representative of the Namibian people through which laws in the best interest of the people of Namibia are made," the paper, presented at the central committee meeting on Saturday, reads.Swapo relied on two submissions, one authored by a politburo member and President Hage Geingob’s personal lawyer, Sisa Namandje, and another by party secretary for legal affairs, Pohamba Shifeta – who last week was forced to publicly distance himself from allegations that he was gay.Swapo deems it dangerous that the Supreme Court relied on the validity of same-sex marriage in accordance with the legal requirements of a foreign country where the marriage was solemnised, without regard to the fact that such marriages remain illegal in Namibia."The politburo is of the view that the best option, in the face of the prevailing legal conundrum and dilemma created by the Supreme Court judgment, is to modify this very common law principle, which was extensively and largely used by the Supreme Court in the judgment to arrive at its decision," the paper reads. "This can be achieved by introducing in the [Immigration] Act a Namibian law-compliant definition of the words ‘spouse’ and ‘dependent child," which definition was not present in the Act at the time of the Supreme Court judgment."&#039;Delicate&#039; undertakingSwapo says it will steer away from all possible options contemplated in recent weeks, including a referendum or enacting a law that contradicts the Supreme Court ruling."An Act of Parliament that seeks to contradict a Supreme Court interpretation of provisions of a constitution can never be ‘lawfully’ enacted. It is therefore a delicate and difficult legislative undertaking to seek to contradict a judgment of the Supreme Court in a lawful manner," the paper explains.The party recognises that parliament is not a review or appeal body for decisions made by the Supreme Court, as such decisions are final and binding in law.The paper underlines that "parliament can only contradict a judgment prospectively (not retrospectively) and generally through lawful repeal or modification of common law or amendment of Acts of Parliament, or introduction of new Acts of Parliament in a manner that does not interfere with constitutional interpretation of a Supreme Court judgment."Defining legal unions In line with this, "the Swapo party directs its government to make appropriate amendments (subject to legal scrutiny by the attorney-general) to the Immigration Control Act with a view to introducing a definition (which is currently missing) of the words ‘spouse’ to make such definitions overriding to the common law principle."In a press statement issued late on Saturday, Swapo said it condemns "immoral and indecent acts" that are inconsistent with Namibian law or against public policy, referring to homosexuality and same-sex marriages.

‘Spouse’ is Swapo’s bazooka against gay nuptials

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Namibian Sun 2025-09-19

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‘Spouse’ is Swapo’s bazooka against gay nuptials

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Namibian Sun 2025-09-19

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