The debate around same-sex marriages, in the Namibian context, following the landmark Supreme Court judgement, has divided public opinion and unleashed a vitriolic discourse.
A close analysis informs us that there are two extremes: those who are for and against.
There appears to be no middle ground, as any neutral or divergent view is pushed to the nearest dumping site, where its detractors hope it should be forgotten – never to see the light of day.
Those advocating for same-sex marriages present themselves as progressive and open-minded individuals who believe in equality and fairness.
They have premised their arguments primarily on human rights and the freedom to choose.
Meanwhile, those against same-sex marriages are parading the moral and religious yardstick to prescribe what a normal, functioning Namibian society ought to look like.
Anything outside the definition of marriage “between a man and woman” is dismissed as Satanic and should not even be entertained.
The politicians, who have done little about Namibians’ most pressing matters, across the political divide (except for a few lone voices of reason), went into overdrive to get the new legislation passed, reminding us that they have the ability to act on the issues of the day.
Crucial bread and butter issues, such as the veterinary cordon fence, youth unemployment, education crisis, rampant outright theft and abuse of public resources, as well as the land question – to list but a few of the challenges confronting ordinary Namibians – have barely received the attention directed to what could simply be a bedroom issue between two consenting adults – one being married to a Namibian citizen.
Swapo, who often gets criticised by its president and the public alike for its inefficiency in both houses of parliament, uncharacteristically jumped into action and in record time passed legislation that was roundly criticised as backward, punitive and, most importantly, unconstitutional.
Certain quarters of society were all joyful, heaping praise for what they termed an upright and progressive bill.
But that is not what is alarming.
Like any other organisation, entity or individual, Swapo has the right to have a position on any matter.
Predominantly, Swapo stalwart and liberation struggle icon, Jerry ‘Maudjuu’ (which is loosely translated as trouble/or complexity) Ekandjo, has been the face of the anti-same sex brigade.
Swapo also coming clean on the matter, through a central committee resolution, shows the ruling party is against same-sex marriages.
While the speed and efficiency with which the legislation has been drafted and flew through parliament should be commended, we need to remind the politicians that parts of the law they made are unconstitutional.
The concerning issue lies in the clauses aimed at criminalising individuals perceived as agitating for or promoting same-sex marriages.
This would result in severe consequences and would infringe upon the rights of opponents of the bill.
It will also set a dangerous precedent that if you disagree, you have no right to express your opinions freely without fear of retribution.
Namibia’s constitution guarantees all persons in Namibia freedom of speech and expression, and to assemble peaceably, without arms.
Regardless of where you stand on gay marriage, no one should rejoice in a piece of legislation that could eviscerate our constitution and limit people’s freedoms.
Politicians must also learn that laws made emotionally and without proper public consultation could one day come back and bite its very proponents in the backside.
Namibian politicians must draw courage from French writer and philosopher Voltaire, who once said: “I may not agree with what you have to say, but I will defend to the death your right to say it”.