The ruling party has officially resolved to direct government to immediately take executive and legislative steps to clearly define the word 'spouse' in alignment with Namibia’s definition of marriage, which is a union between a man and a woman.
The statement follows the Swapo Central Committee (CC)’s extraordinary meeting held on Saturday, during which it condemned any acts that are deemed immoral or indecent, and are inconsistent with Namibian law or public policy. This resolution was prompted by a recent Supreme Court judgement which ruled in favour of recognising same-sex marriages of Namibians and their foreign spouses when solemnised in other countries.
Addressing the media on Saturday, party spokesperson Hilma Nikanor said Swapo emphasised its commitment over the past three decades to making and amending laws which serve the public interest, including the repeal or modification of common law principles, rules and pre-independence Acts of Parliament. “To this effect, various common law principles/rules and a number of pre-independence Acts of Parliament had been repealed or modified in terms of Article 66(2) and Article 140(1) of the constitution,” she stated.
Nikanor added that despite same-sex marriages being recognised in the countries where they were solemnised, foreign nationals married to Namibian citizens in same-sex unions could not be considered ‘spouses’ under section 2(1)(c) of the Immigration Control Act, as it would be inconsistent with Namibian laws and policies.
Despite the government’s opposition, the Supreme Court, with a majority ruling against the government and one dissenting judge, last month ordered that the foreign partners of Matsobane Daniel Digashu and Anita Seiler-Lilles be regarded as ‘spouses’ for the purposes of the Immigration Control Act.
The CC, as the highest decision-making body between congresses, expressed its grave concern and disappointment over the judgement, and the resulting uncertainty and confusion in society.
“The CC, notwithstanding its concern and disappointment over the judgement, reiterates and reaffirms the Swapo Party’s commitment to the constitutional provisions under Article 78(3), that is, non-interference with the Judiciary and the protection of the dignity and effectiveness of courts,” Nikanor said.
Swapo further noted that the judgement has a limited scope, and only applies to the recognition of foreign spouses in validly- concluded same-sex marriages for the purposes of the Immigration Control Act.
Nikanor emphasised that the judgement does not generally recognise same-sex marriages in Namibia, as some may suggest.
Meanwhile, a Swapo CC member who preferred not to be named said despite there being prominent members of the CC, Cabinet and government who are known to be gay, their silence was deafening when it came to advancing the rights of the LGBTQ+ community.
The CC member said there was no debate on the matter, as they were just briefed by their legal team about the party’s stance on the Supreme Court’s verdict.
“We were clear with our position. Nobody was against it. There is nothing like gay rights. We are all equal before the Constitution. Comrade Jerry [Ekandjo] was very clear in Parliament that the founding fathers and mothers of our constitution wanted marriage to be between two consenting, adult men and women. It stops there.”