Gay activist and former Mr Gay Namibia Wendelinus Hamutenya this week took to social media to celebrate the Supreme Court judgement which compels the government to recognise same-sex marriages legally concluded outside Namibia.
The Supreme Court delivered the judgement on Tuesday.
“As we speak, same-sex marriage is recognised in Namibia. For those who were talking too much, like the churches, prophets, et cetera, tell them that the Supreme Court of Namibia has ruled in favour of gay people,” Hamutenya said.
Hamutenya added: “When we walk, we do that with pride because our marriages have been recognised. I am happy. I am proud. I am going to the home affairs ministry carrying my [marriage] certificate and greet you […]. I am an in-law of the Ongandjera people.”
Four judges of the court stated in the judgement that the home affairs ministry’s refusal to give official recognition to same-sex marriages validly concluded outside Namibia infringes on the constitutional rights to equality and dignity.
The court ruled that the unions of two same-sex couples who got married in South Africa and Germany, respectively, must be recognised in Namibia, and that the non-Namibian partner in each marriage is recognised as the spouse of their Namibian partner under the country’s Immigration Control Act.
The court’s judgement gives non-Namibian spouses in same-sex marriages the same residence rights in Namibia that are accorded to spouses in opposite-sex marriages.
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