Prime minister Saara Kuugongelwa-Amadhila yesterday answered the prayers of some churches and related organisations by announcing that the executive plans to table an anti-same-sex marriage bill in parliament.
Kuugongelwa-Amadhila in the National Assembly (NA) said the executive has identified a gap in the Constitution.
This comes after a Supreme Court ruling which compels the Namibian government to recognise same-sex marriages validly concluded outside the country.
“And now, when we realise through that ruling that there is that interpretation, because of the common law, we are following the prescriptions of our Constitution that says we can only rectify that by bringing a law that is passed lawfully, according to the provisions of the Constitution, in order to provide that marriage can only be between a man and a woman of mature age, willingly entered into,” the prime minister told the NA.
She said the intention of the Constitution and subordinate laws was that marriage is to be between a man and a woman of mature age.
“We will give it top priority in bringing it here as soon as possible,” Kuugongelwa-Amadhila said.
The Coalition of Churches and Faith-Based Organisations on Friday petitioned the government to enact a law outlining that marriage should involve a man and a woman.
Swapo backbencher Jerry Ekandjo gave notice in the National Assembly that he would table a motion to discuss the “unconstitutional” Supreme Court judgement on same-sex marriage.
SLAMMED
Meanwhile, the Namibia Economic Freedom Fighters’ Epafras Mukwiilongo yesterday questioned minister of justice Yvonne Dausab’s gender in parliament.
He asked: “Ask the honourable minister his gender if he is a man or is [sic] a woman.”
Human rights activist Ndiilo Nthengwe has slammed Mukwiilongo, saying he, like all the so-called ‘progressive’ political parties and politicians in parliament, is bigoted.
“They are homophobic and insidious,” Nthengwe says.
The activist says the fact that the parliament allows such bigotry proves that the enactment of a hate speech bill cannot come soon enough.
“#ShutItAllDownNamibia will continue to confront and challenge bigotry at all levels,” the activist says.
Political analyst Ndumba Kamwanyah says leaders’ responses to the issue speak to the 2024 elections.
“It’s pandering in action, because they know that the majority of Namibians may not support these issues,” he says.
“The honourable members must be condemned by all who respect other people’s dignity. Mukwiilongo’s question borders on hatred,” he says.
He describes Mukwiilongo’s remarks as distasteful, offensive, uncalled for and unconstitutional behaviour for a member of parliament.
Political analyst Erika Thomas says the country should rather focus on fighting poverty.
“We really need to go back to the drawing board and see how we can unite to elevate this enemy of poverty,” she says.
“We need to make sure we try to meet what we have said in our manifesto when it comes to housing, and so on,” she says.
Thomas says Swapo erred when its members set up an unclear Constitution.
FAMILY SPEAKS OUT
Lawyer Carli Schickerling, who represented Namibian citizen Johann Potgieter and his South African husband, Daniel Digashu, and German citizen Anita Seiler-Lilles, yesterday said: “It’s unfortunate and very disappointing that those in power, tasked with protecting the people, all people, are acting in this way.
“And that they understand so little of our constitution and the independence of the judiciary.”
The lawyer said it would be a sad day if the government tried to circumvent the Supreme Court’s judgement.
“What has been a momentous occasion for human rights in Africa, something we should as a country be proud of, with our complex history, has been received with hatred, bigotry and downright discriminatory remarks,” Schickerling said.
She vowed that they will continue the fight to ensure everyone in Namibia enjoys the same rights and protection.
“And we will stand for the minorities against those majorities who wish to oppress.
“We should have learnt from the past that oppression and disregarding the human rights of others, whether it be on the basis of their race, sex, religion or personal beliefs or sexual orientation, does nothing but divide and hurt,” she said.
Regarding their options, Schickerling said her clients do not know yet how they will approach domicile applications.
The lawyer said if the government refuses to issue them domicile, or refuses to accept their applications, further legal action will follow.
“Whether it be to get a declarator and/or review any such decision.
“And if need be and they keep up with such obstructive behaviour, we may consider then bringing such an application to find individuals guilty of contempt,” Schickerling said.
SWAPO CC MEETING
The ruling party’s political bureau has resolved to call a central committee (CC) meeting to discuss the Supreme Court’s ruling.
This resolution was announced by party spokesperson Hilma Nicanor in a press statement issued yesterday, after the party cancelled a media conference scheduled for the same time.
“The politburo, therefore, resolved that an extraordinary meeting of the central committee of the party be convened to discuss and take necessary decisions over the various concerns raised by its members, structures, supporters, the general public, the judgement itself, its importance and effect on the society as a whole,” the statement reads.
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