High Court Ruling Undemocratic, Anti-Christian

Allow me to respond to a report in The Namibian of 25 June, titled ‘Equality and Dignity for All’, by Dianne Hubbard.

As per Hubbard’s unpacking of the High Court’s decision, she correctly states that article 10(2) of the Constitution does not specifically refer to sexual orientation.

The High Court did, however, not find that to be grounds for “discrimination”.

The High Court asserted that sodomy being illegal is a form of discrimination.

If the concern was discrimination, why did the High Court not simply make sodomy illegal for all?

This would have been a much better ruling, as the homosexuals who do engage in sodomy would then not have to feel discriminated against. Sodomy could pose health risks and is a taboo in most religious and cultural belief systems of Namibia.

There was no real unpacking of the High Court judgement in Hubbard’s piece, and she simply restated what the court has already stated.

Another issue I have is that in the last 34 years of independence in Namibia, not one homosexual man or woman has been arrested, charged and sentenced by a court of law for the act of sodomy or for being homosexual. Had we been under sharia law or if Namibia was a Christian theocracy, there would have been actual cause for complaint.

The people of Namibia are mainly Christian, so if the laws of this country are not congruent with the moral and ethical ideals of its people, how can the government be representative of its people?

We, the people, are impeded by the judiciary from fulfilling article1(2), which states: “ . . . the people of Namibia who shall exercise their sovereignty through the democratic institutions of the state.”

This decision of the High Court is undemocratic, anti-Christian and goes against the traditions of all Namibians.

Kaliep Murangi

– Editorial note: There is some evidence that the law was enforced, with 115 reported cases resulting in 64 arrests between 2003 and 2019. However, it appears there was seldom, if ever, a prosecution for consensual sodomy.