Edward Mumbuu
Roland Routh
An extraordinary Swapo central committee meeting will be convened in the coming days to deliberate on the recent Supreme Court judgment on recognising same-sex marriages solemnised beyond Namibia’s borders.
The CC is the ruling party’s highest decision-making body between congresses.
Swapo’s next move was revealed by the party’s spokesperson Hilma Nikanor in a media statement, dated 5 June 2022. The decision was taken at a Swapo politburo meeting on Monday.
“After extensive discussion at the meeting, the politburo resolved that an extraordinary meeting of the central committee be convened to discuss and take necessary decisions over the various concerns raised by its members, structures, supporters, the general public, the judgment itself, its impact and effect on the society as whole, as well as to consider the array of available and legally viable statutory remedial actions, which could conceivably be taken,” Nikanor stated.
The politburo meeting was called after the party’s top four leaders met last week to discuss the landmark judgment that has been lauded and loathed in almost equal measure.
It is apparent, however, that a bigger section within the ruling party is opposed to the judgment if pronouncements by senior figures, including Founding President Sam Nujoma, are anything to go by.
According to reports, Nujoma, in a statement delivered on his behalf at a festival over the weekend, registered his consternation over the judgment, saying foreign values were being imposed on Namibians through it.
He also said the liberation struggle was never aimed at advancing LGBTQ+ rights.
“I wish to assure our members, sympathisers and supporters and the public that the Swapo party is taking the public’s concerns, anxiety and unhappiness seriously. As such, the Swapo party will do everything it is able to do in accordance with the constitutional and legal requirements to find a long-lasting and acceptable solution,” the politician assured.
Nikanor also called for calm “while steps and processes are being undertaken with due expedition”.
Following the ground-breaking decision by the Supreme Court, many dissenting voices have emerged, as churches, the ruling party and others have condemned the judgment.
In fact, they want to stand as a united front to oppose the verdict.
The ruling, which marked a significant step towards LGBTQ+ rights in the country, has revealed deep divisions within society regarding the recognition of same-sex unions.
The Council of Traditional Leaders recently joined the chorus, condemning what they termed ‘same-sex marriage and LGBTQ campaign’.
“The court, with this ruling, has shown utmost disregard for the essence of our traditions, dignified culture and values,” the council’s chairperson, Chief Immanuel /Gaseb, said in a heavily-worded missive.
The council prides itself as the custodian of the culture, values and traditions of the respective Namibian communities.
“We regard it as our responsibility and obligation to safeguard the ethical norms, cultural and communal values of people. We shall not remain silent on such immoral issues. We shall rise at whatever cost,” the traditional leader said.
He stated that what is viewed as human rights in the form of LGBTQ+ rights was not “the kind of freedom Namibian people had in mind when they fought for the liberation of this country”.
“If we surrender to this wave of immorality in our communities, it will be a betrayal to our sons and daughters who died for the liberation of our country. We call on all Namibians, Africans and the world at large to join us in condemning same-sex marriage and the LGBTQ campaign in the strongest terms it deserves.”
Eight northern traditional authorities added their voice against what they termed an “interference of Western culture into Namibian culture”.
They also called on the head of state and parliament to nullify the decision and the Supreme Court to revise its decision.
The matter stemmed from the residency applications of a German woman who married a Namibian woman in Germany, and a South African man who married a Namibian man in South Africa, the only country on the continent allowing same-sex marriage.
In a judgment delivered last week, four judges declared that the denial of official recognition by the ministry of home affairs to same-sex marriages conducted outside Namibia violates the constitutional rights to equality and dignity.
The court declared that the marriages of the two couples should be acknowledged in Namibia.
Furthermore, the court affirmed that the non-Namibian partner in each union should be recognised as the spouse of their Namibian partner under the Immigration Control Act of the country.
As a result of the judgment, non-Namibian spouses in same-sex marriages are granted the same rights of residence in Namibia, which are typically granted to spouses in heterosexual marriages.
Under attack
However, since the judgment, the judiciary has come under heavy criticism from some sections of society.
This is something the Law Society of Namibia (LSN) does not take lightly.
In a strongly worded press release, the LSN strenuously condemned the “attacks” on the judiciary, following the recent Supreme Court judgment on same-sex marriages.
“There can be no justification for the attacks on the judiciary – especially where such attacks interfere with the independence of the judiciary,” it said, and continued: “Attacks on the judiciary have serious ramifications for the rule of law and the administration of justice.”
The society further said, in any constitutional democracy – founded on the rule of law, the judiciary is an essential and integral part of the system of checks and balances – and to this end, it is of cardinal importance that judges perform their work without fear of reprisal or intimidation.
It further said that whilst it is acceptable to hold judges accountable for their decisions and to criticise them when warranted, it is important that this is done in a respectful and constructive manner.
“When criticism of a judge’s rulings crosses the line into personal attacks or intimidation – public respect for our system of justice is undermined, creating risk to our constitutional bedrock and the preservation of liberty,” Clive Kavendjii, the chairperson of the society, stated in the press release.
He went on to say, while the judiciary is not immune from public expressions of concern and criticism, any such criticism must be grounded on a careful analysis of the facts and the law, and the aim must be directed at improving the administration of justice and not at denigrating the integrity of individual judges, the judiciary as a whole or those involved in the administration of justice in our country.
“Article 78 of the Namibian Constitution underscores the independence of the judiciary and enjoins us not to interfere with the work of judicial officers and demands of all other organs of the State to protect the Judiciary.”
Therefore, he said, “The LSN urges all members of the public to be cautious, exercise prudence, pragmatism and show due respect for the Judiciary when making public statements thereon”.
Moreover, Kavendjii continued, all persons are urged to follow the right avenues to express their views in a manner that builds and ensures harmony without interfering with the independence of the Judiciary.
- emumbuu@nepc.com.na
-rrouth@nepc.com.na