Andreas Thomas
President Nangolo Mbumba signed the Marriage Act into law after thoroughly reviewing the legislation and confirming its compliance with constitutional requirements.
This was ventilated by presidential press secretary Alfredo Hengari, who delved into why President Mbumba had approved the new law, which has divided public opinion.
The Head of State signed the Marriage Act into law late last year, effectively repealing the Marriage Act of 1961, and in the process prohibiting same-sex marriages in Namibia, including those solemnised in other countries.
“The President then studied the Bill, looking at a number of factors in consultation with the attorney general, and checking its constitutionality. It is in that vein that President Mbumba assented to the Marriage Act after it had passed the constitutional test,” he added.
When tabling the Bill, Kawana said its purpose was to regulate the solemnisation of marriages, and define marriage.
“It speaks to the values, the norms, the traditions of Namibia in terms of what constitutes marriage that is between a man and a woman. These are important considerations in lawmaking,” he noted.
He went on to say each country has its own history, values, customs and traditions, which form the basis for a cohesive society.
“President Nangolo Mbumba’s assenting to that Bill is a reflection of what Namibia is, and it’s also about defending such values,” he continued.
The introduction and passage of the Bill occurred amid intense public debate regarding the status of same-sex relationships in Namibia.
Some sections of the public view the enactment of the Marriage Act as a significant setback for the LGBTQI+ community in the country, who continue to advocate legal recognition.
However, Hengari said Namibia remains a highly-tolerant country.
“The country is also committed to respecting the rights of the LGBTQI+ community, and they are not persecuted. They are part of us; we are all one,” he stressed.
Meanwhile, former lawmaker Nahas Angula defined marriage as the foundation of society. He said through marriage, a household is formed, whose role is procreation and to sustain life on earth.
“It is a sacred institution, which is the foundation of society. If the president decided to sign the Bill into law, I believe it’s just protecting this very sacred institution called marriage.
Those who want to do their own thing, let them do it somewhere else, but not impose it on other people,” he said.
Popular Democratic Movement (PDM) president McHenry Venaani has welcomed the new marriage law, saying it is in line with his party’s position on the issue of LGBTQI+.
“The Marriage Act speaks to the majority view of Namibian society that recognises marriage between two opposite genders. So, the spirited letter of the law espouses the PDM policy that we do not support gay marriages” he reiterated.
Venaani qualified that the law is correct in that regard, although there could be elements which could be tested on the question of constitutionality in a court of law. “When we were debating this, I forewarned parliament that we must enact a law, even if we agree in body and spirit, we must enact a law that would be tight, and that would stand the test of time in terms of constitutionality,” he said.
Bishop Lukas Katenda of the Reformed Evangelical Anglican Church in Namibia (Reach-Na) welcomed the law, saying it is in line with Christian culture and norms. “Marriage, by definition, is always heterosexual, and from the religious stand, people took an idea and secularised it.
But you cannot call a union between same-sex couples a marriage. Legally, culturally, socially and religiously, it does not constitute marriage. But you can call it something else” he said.
-Nampa
-Additional reporting by Lahja Nashuuta.