Swapo secretary general, Sophia Shaningwa, has expressed her intention to confront Albert Kawana, the minister of home affairs, immigration, safety, and security, regarding his failure to table a motion to modify the definition of the term ‘spouse’ in the Immigration Control Act.
Shaningwa’s statement follows Wednesday’s decision by the ministry to comply with the Supreme Court’s judgement on the recognition of same-sex marriages legally concluded outside Namibia.
Shaningwa is expected to probe the minister on the matter in the National Assembly on 6 July.
In a recent central committee decision, Swapo instructed Kawana’s ministry to amend the definition of ‘spouse’ in the Immigration Control Act, effectively excluding same-sex marriage partners from being recognised as each other’s spouses.
“Why did you give the public notice on this immoral matter which the population rejects, yet there are so many cases the ministry lost in the courts, but never gave such public notices?” Shaningwa asked Kawana in parliament yesterday.
Swapo at the central committee meeting said it was directing “its government to enforce all laws in force that are aimed at preventing and combating such acts”.
This is in the wake of a Supreme Court judgement delivered last month, which compelled the government to acknowledge the validity of two same-sex couples’ marriages concluded outside Namibia.
The Supreme Court ruled against the ministry of home affairs’ refusal to recognise these spouses’ marriages for immigration purposes in terms of the Immigration Control Act of 1993.
The top court found that the ministry’s stance infringed on those foreign nationals’ rights to dignity and equality under Namibian law.
The Supreme Court concluded that, in terms of the Namibian law, the validity of a marriage is determined by the legal requirements of the country where the marriage was concluded.
Shaningwa asked Kawana whether he understands the sensitive nature and political implications surrounding the matter.
She specifically highlighted the seriousness of the issue, emphasising that Swapo’s central committee had directed him to act promptly, but he has failed to do so.
“Comrade minister, this matter being an absolute weapon against the party, why would you think it’s appropriate that you downplay it, and let it in the hands of a technocrat, being the executive director of your ministry, who by no means represent or convey, neither regard our political aspirations, in so far as promoting and maintaining our moral values, to which thousands of Namibian people died fighting?” Shaningwa asked.
On Wednesday, home affairs, Etienne Maritz said the ministry will comply with the Supreme Court’s ruling to recognise same-sex marriages validly concluded outside the country.
Maritz said the ministry acknowledges the independence of the courts and the finality of Supreme Court decisions.
He said the ministry is engaged in consultations with relevant key stakeholders regarding other legal implications that may arise from the Supreme Court’s judgement, and the ministry will address such implications once the consultations are completed.
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