‘Now we can live freely’

The Supreme Court’s landmark ruling directing the government to acknowledge same-sex marriages legally conducted outside Namibia has ignited an overwhelming wave of joy for the country’s same-sex couples.

Coincidentally, the ruling precedes International Day Against Homophobia, Biphobia and Transphobia, which is observed today.

Speaking candidly, Daniel Digashu, a South African citizen married to Namibian national Johann Potgieter, expressed his elation, saying the ruling ushers in a new beginning for his family.

“It means an end to uncertainties, new beginnings, and the chance to live without constantly being haunted by the spectre of inequality,” Digashu said.

Digashu and Potgieter, along with Namibian citizen Annette Seiler, who is married to German national Anita Seiler-Lilles, were the two couples who successfully brought the case to the Supreme Court.

Digashu said the ruling transcends the boundaries of same-sex marriage, resonating as a beacon of hope for all individuals who have been oppressed by societal prejudices.

“Now, one can live freely and work just like any other people who have faced the biggest hurdle to things like work, studying and just living their life,” Digashu said.

Carli Schickerling, legal representative for the couples involved in the case, expressed overwhelming joy and a belief that justice has prevailed.

Schickerling said the decision, which impacts Namibians who have married foreigners in legal unions, is set to have far-reaching effects that extend beyond our current understanding.

“We believe that this ruling will have a significant impact, once institutions fully comprehend its implications. For now, we can rest assured that our clients and their foreign spouses are safe and can stay together in Namibia,” Schickerling said.

Schickerling said it is now crucial for institutions to approach this ruling with grace, recognising that the dignity of every human being should be the paramount consideration in their treatment.

Schickerling emphasised the importance of addressing prejudices when issuing domicile certificates, Namibian birth certificates, and passports to those entitled to them.

Legal Assistance Centre (LAC) director Toni Hancox called on the government to abide by the court’s decision and remove any discriminatory terms from its legislation or policy.

Hancox hailed the ruling as a triumph for human dignity and emphasised that the government should take steps to enable same-sex couples to establish domicile in Namibia and eventually obtain citizenship with ease.

“Any discriminatory terms in any legislation or policy must be removed,” Hancox said.

UNDER SCRUTINY

Meanwhile, attorney general Festus Mbandeka, said the government needs to study the judgement and understand its legal implications before making any official comments.

“I am unable to comment at this stage,” Mbandeka said.

Earlier this year, Mbandeka, in an affidavit submitted to the Windhoek High Court, said homosexuality presents a highly controversial and emotional question of moral and social policy.