Swapo outraged by same-sex ruling

The ruling Swapo party is not in support of a Supreme Court ruling delivered this week, which compels government to recognise same-sex marriages concluded abroad that involve Namibians.

The party has accused the courts of importing laws from foreign countries – thus overriding domestic laws regarding same-sex marriages.

While same-sex relationships and marriages are not legally recognised in Namibia, the Supreme Court on Tuesday ruled that same-sex couples are, in terms of the Constitution, entitled to equality under the law.

Election fears

The ruling has ruffled feathers within the country’s predominately conservative Christian community, which makes up over 90% of the population.

A conservative entity itself, Swapo is outraged by the ruling and has said it will pronounce itself officially on the matter.

Many within Swapo believe the party is being unjustly blamed for a judgment in which it was not involved – ahead of the critical 2024 elections in which it seeks to bounce back from the electoral losses suffered in 2019 and 2020.

Speaking briefly to Namibian Sun yesterday, Swapo spokesperson Hilma Nicanor said the party does not support the judgment, which was written by chief justice Peter Shivute and appeal judge Dave Smuts with concurrence from deputy chief justice Petrus Damaseb and appeal judge Elton Hoff.

Disapproval

Appeal judge Sylvester Mainga was the only dissenting judge among the five presiding officers, who did not agree with their endorsement of same-sex marriage recognition under the country's immigration laws.

Swapo has been clear in its disapproval of same-sex marriages, Nicanor said.

"Namibia is free and independent and has its own laws. We cannot have the interests of our people overridden by laws in other countries," she said.

She added: "We are very clear that our laws don't support it. People go and get married elsewhere, then expect us to recognise it here. Swapo is very much against that, but the party will officially pronounce its position on this."

Widespread discontent

After the ruling was made public, November 2021 video footage of former youth minister and Swapo hardliner Jerry Ekandjo opposing same-sex relationships in the National Assembly re-emerged.

"We cannot allow a male person to insert his penis into the anus of another man," the former Robben Island prisoner said, before being cautioned by house speaker Peter Katjavivi over his choice of words.

Reacting to the ruling on Tuesday, the Namibia Economic Freedom Fighters (NEFF) also accused the court of relying on laws from foreign jurisdictions to arrive at its ruling. The 'red berets' party called for a nationwide referendum on the issue.

"This ruling has forced upon us the duty to recognise marriages recognised by jurisdictions foreign to us," party deputy president Kalimbo Iipumbu said in a statement.

Vipua Muharukua, a parliamentarian for the official opposition Popular Democratic Movement (PDM), also expressed discontent with the ruling.

"I respectfully disagree with the view of the [Supreme Court] and agree with Justice Mainga on the LGBTQ issue. Parliament must address the law and the constitution to reflect the values of Namibia and the direction in which Namibians want our society to go," Muharukua, a lawyer by training, said.

Welcome ray of hope

The gay community has welcomed the judgement with relief, saying it offers them equal legal rights alongside their fellow Namibians.

Gay rights activist Linda Baumann remarked: "This is linked to the immigration Act, which says to the Namibian nation that there's a call and needs to now engage in a legal status of same-sex marriage in Namibia."

Former Mr Gay Namibia, Wendelinus Hamutenya-Jeremia, who was married in South Africa in 2020 because of restrictions in Namibia, also welcomed the ruling.

"In practical terms, it means we can now get married in community of property with our spouses or buy houses together as a couple, which was legally not possible," he said on The Evening Review on Wednesday.