There is a great push for countries to legalise issues such as abortion on demand and LGBTQI under the guise of human rights. 

This is a push for moral corruption. Corruption is corruption and, therefore, all forms of corruption should be dealt with in the same zeal and political and social commitment, to root out corruption including moral corruption in our society. The efforts and push to impose moral corruption on the Namibian nation– disguised as human rights, which it is not – should be condemned by
 all means, and in the strongest
 terms!

The protection of morality, enshrined in the Namibian Constitution as one of the provisional grounds that limit the freedom and rights of all individuals in Namibia, is at stake. When our Constitution was drafted, the Constituent Assembly, chaired by His Excellency Dr Hage G. Geingob, the President of the Republic of Namibia, deemed it fit to limit individual rights and freedoms, as well as government’s power, in the interest of morality or decency, national security, public order, and the sovereignty and integrity of Namibia (Article 21.2). Government and society, therefore, have a constitutional obligation to protect and safeguard morality in our nation.

One may ask whose morality is spoken about and who defines morality? In any given society, there is public order based on social norms and our Constitution acknowledges this, hence limiting human rights such as the right to privacy in the interest of protecting morals for
the sake of public order (Article 13.1). An individual’s morality in a democratic society can thus not supersede public morality. 

Upholding the integrity and sovereignty of Namibia

The recent public criticism by the British Prime Minister on the judgement of the Supreme Court of Namibia in the Luhl case is
indicative of the pressure exerted by the West on a sovereign nation to conform to their ideologies. 

This comes at a time when the nation and clearly the world at large is waiting for the decision of the Supreme Court on the Digashu & Seiler-Lilles case. There appears to be pressure asserted on our Judiciary to conform to the wishes of the superior powers, at the expense of the Namibian people.

Unfortunately, in a recent judgement by the High Court of Namibia in the case of Digashu & Others v GRN; Seiler-Lilles v GRN and Others (20 January 2022), the court concluded that it is time to recognise that homosexuality is part and parcel of the fabric of our society; on grounds that
homosexual relationships are, globally recognised, and countries are changing their laws to same, and that Namibia is bound by signed international treaties. 

This raises great concern. What treaties has our President signed that obliges Namibia to recognise same-sex partnerships? Namibia belongs to an international community but should that be at the expense of our sovereignty? 

Article 144 of the Namibian Constitution subjects the general rules of public international law
and agreements binding to Namibia to the Constitution or Act of Parliament. This suggests that no international law is superior to the laws of Namibia. And since the people of Namibia through direct participation and through their representatives make the laws in Namibia, the views, perceptions, values, morals and opinions of the Namibian people must take precedence over international law within the bounds of the Namibian Constitution.

Our Supreme Court is faced with a value judgement. The court would have to take full cognizance of the social conditions, experiences, values, morals and perceptions of the people of Namibia. 

Namibia, as a sovereign country, is free from the social values, ideologies, perceptions and general beliefs of the West and former colonial powers, which, in the present, are imposing their values and ideologies upon Namibia and Africa through neo-colonialism. Namibia should be free to determine her own fate and development path, free from the imposition of former colonial rulers and now even more of present neo-colonial rulers.

The ideologies, values and social conventions of some countries in the West as pertaining to same-sex relations are totally unacceptable to the majority of the Namibian people and the people of the continent of Africa. 

Unlike what some would want to believe, morality is one of those virtues that remain constant over time, especially if grounded and rooted in faith and culture. More and more African countries (e.g. Uganda, Ghana) are resorting to take back full ownership of their countries through national laws that uphold and defend their morals, values and African ideologies free from imperialistic pressure. 

It is now, Namibia’s time!

* Dr Shirley Magazi is the executive chairperson of the Christian Coalition of Churches Namibia. She has a B.A. Psychology; Masters in Public Health, PhD in Leadership