Windhoek
A black Namibian president is, according to law, able to have more than one spouse whose salary will be paid by the state, as per the provisions of the Presidential Remuneration and Other Benefits Bill tabled in parliament this week.
The Native Administration Proclamation 15 of 1928 permits blacks to marry more than one woman.
The Presidential Remuneration and Other Benefits Bill tabled in the National Assembly on Wednesday by Presidential Affairs Minister
Frans Kapofi makes provision for all the president’s spouses to be paid by the state.
The vice-president too may have more than one spouse, also on a state payroll.
President of neighouring South Africa, Jacob Zuma, currently has four wives who are all bankrolled by the state.
Attorney General Sackey Shanghala explained this yesterday, during an interview with New Era.
“It is legal in Namibia. The Native Administration Proclamation 15 of 1928 permits polygamy as long as you declare it.
“So under customary law you can marry as many wives, but the only problem is, it discriminates. It only allows black men to do that, not white men. It does not make provision for white men. I wouldn’t draft a law that is unlawful. If I want to have many wives I can have them,” he said.
The Bill raised eyebrows with many saying it promotes polygamy.
The Bill provides for the payment of remuneration and other benefits to the president and his or her spouse, and to the vice-president and his or her spouse, and to provide for incidental matters thereto.
Shanghala said the Native Administration Proclamation 15 of 1928 has been around for long and it clearly stipulates that if you are native you can marry more than one woman.
“The law has been around since 1928. There are some people who got married even in 2010. I have certificates that I can show you whereby people have gone to declare that they married their second wife or so under customary law,” Shanghala noted.
Asked what happens if it is a female president, he said: “If you are black you are native. We don’t have a customary law in Namibia which allows a woman to marry more than one man, that’s the trick.”
The Bill defines a presidential spouse as “the person who is the wife or husband of the president or wife of the vice-president and includes a wife or husband of a marriage under customary law”.
On the remuneration package for the president holding office, his or her package is fixed at a rate of 15 percent above the package payable at any given time to the VP.
The Bill states that the VP’s package is fixed at a rate of 15 percent above the remuneration payable at any given time to the prime minister as determined in terms of the Public Office-Bearers (Remuneration and Benefits) Commission Act, 2005 (Act No. 3 of 2005).
The Bill also indicates that allowances payable to presidential spouses must be paid to the spouse of the person holding office on a monthly basis and be equal to the monthly remuneration payable to a permanent secretary employed in the public service, while for the VP it should be paid equal to that payable to a deputy permanent secretary.
The Bill was drafted to bring into effect the provision of the Third Constitutional Amendments Act of 2014, which provides for the appointment of the vice-president by the head of state.
There is currently no law that provides for the remuneration of the vice-president, in this case Dr Nicky Iyambo, who was elected by President Geingob on March 11, 2015. Disbursements including for medical aid will be made from the State Revenue Fund and will be exempt from tax.
Once promulgated, the Bill will repeal the Presidential Remuneration and Other Benefits Act, 2012 (Act No. 15 of 2012), which did not make provision for the remuneration of the vice-president, because such a position did not exist since independence.