President blocks anti-gay bills

Some human rights activists have applauded president Nangolo Mbumba’s decision not to sign Swapo parliament backbencher Jerry Ekandjo’s private members’ bills seeking to criminalise homosexuality.

The two bills are the definition of spouses bill and the marriage amendment bill.

Minister in the presidency Christine //Hoebes last week told parliamentarians Mbumba declined to sign Ekandjo’s bills against same-sex marriage due to the constitutional implications of doing so.

Mbumba declined to sign the bills aiming to amend the definition of the terms ‘spouse’ and ‘marriage’, which were passed by the National Assembly (NA) to prevent same-sex marriages in Namibia and to criminalise homosexuality in the country.

//Hoebes said the bills were not passed by a two-thirds majority in the NA.

Ekandjo tabled his two bills in 2023, seeking to criminalise those who violate the law against same-sex marriage and punish them with a fine of N$100 000 or up to six years’ imprisonment.

//Hoebes said following the succession of former president Hage Geingob, Mbumba was informed on the matter and, amid competing national obligations, had to re-engage the process to ensure the bills met substantive and procedural constitutional requirements.

“In considering the bills, the president was concerned about whether they had gone through a proper law-making process.

“More generally, the assessment related to the process under the tutelage of the parliament, and specifically whether it would meet the constitutional test and the additional procedural requirements,”
//Hoebes said.

She said the bills fall short of meeting some basic norms and standards of legislative drafting in the Namibian context.

She added that the president was rightfully concerned about the possible constitutional implications the bills may have, given they were not subjected to a constitutionality review or drafting guidance before they were tabled and passed by the parliament.

She said the president could not assent to the bills knowing the potential constitutional implications thereof.

Ekandjo yesterday told The Namibian he was unable to comment but will deliver a speech on his bills on the final day of parliament.

“I will make my final announcement on Wednesday, the last day of parliament,” he said.

Ekandjo previously accused the presidency minister of playing ‘cat and mouse’ with him over his bills, as she remained absent in parliament.

Human rights activist Nicodemus Auxumub, known as ‘Mama Afrika’, yesterday said the move was a good one, as it signals constitutional protection from lawmakers who only speak their minds, not considering the violation of human rights they are causing.

She said Namibia is bound by ratified international organisation laws, and the move by the president demonstrates that fundamental rights supersede individual egos.

“As a human rights activist, it is a good thing that the president has rejected the bills. Because the Namibian Constitution is very clear and it also applies to international regulations, activities and protocols our country has assigned to,” she said.

Mama Afrika said Ekandjo is contradicting the Constitution in terms of equal rights.

She said it is unconstitutional to put the minority in a corner and invade their privacy.

She questioned why Ekandjo is so concerned about the bedroom affairs of other people.

She said all citizens have rights, including gay people, as they too contribute to the economy of the country by paying tax and should not be treated differently.

After 35 years in parliament and service in various ministries, she stated that she has never seen Ekandjo address national interests or the concerns of Namibians.

“Every time he stood up to talk, he never spoke about national issues except talking about gay people, which is something else, but the country is faced by many issues,” she said.

Mama Afrika said Ekandjo always pushed to criminalise homosexuality.

She believes the reason Ekandjo is doing so is because this is his last chance in parliament, ending on 19 March.

“It was really a good thing the president rejected signing the bills, because he took an oath to protect the Constitution and by declining to sign, he did just that,” said Mama Afrika.

She commended the president’s advisers for a job well done while urging lawmakers to thoroughly educate themselves on the Constitution and undergo human rights training to avoid things that are not in line with the Constitution.

“As a human rights activist, the news that president Mbumba chose not to assent to Ekandjo’s private member bills seeking to criminalise same-sex marriages and advocacy is a moment of cautious relief,” said human rights activist Linda Baumann yesterday.

Baumann said it signals a recognition of the fundamental rights enshrined in the Constitution and an acknowledgment that legislation rooted in discrimination cannot stand unchallenged in a democratic society.

This decision, Baumann said, affirms that the constitutional values of equality, dignity and freedom must remain the cornerstone of our legal framework.

However, it is also a stark reminder of the ongoing struggle to protect and uphold these rights for all Namibians, regardless of sexual orientation, said Baumann.

The fact that these bills were passed by a parliamentary majority, albeit not by a two-thirds vote, said Baumann, is deeply concerning.

“It reveals a disturbing readiness among some lawmakers to disregard human rights and constitutional protections in favour of exclusionary and discriminatory agendas. This action exposes significant gaps in understanding and upholding Namibia’s human rights commitments,” said Baumann.

Baumann said it highlights the urgent need for continued education, dialogue and advocacy within legislative spaces to ensure that the principles of equality and justice are not only spoken of but also defended in every decision.

The lack of proper consultation before attempting to enact such a law, the activist said, is a profound violation of democratic principles.

She said legislation that directly impacts the rights and lives of communities must be shaped through inclusive, transparent and participatory processes, adding that the absence of such an approach in the bills’ development undermines trust in democratic institutions and reinforces the marginalisation of vulnerable groups.

“As activists, we remain steadfast in our commitment to defending the rights of LGBTQI+ individuals. This is not just a fight for legal recognition but for the fundamental human right to exist without fear, discrimination, or persecution.

“We call on lawmakers to reflect deeply on the implications of their decisions and to align their actions with the constitutional values they are sworn to uphold,” said Baumann.

This, the activist said, is a call to vigilance and collective action, adding that Namibians must continue to advocate, educate and mobilise to ensure Namibia becomes a society where every person’s dignity is recognised and where love and equality are never criminalised.

Former ombudsman advocate John Walters describes the move by Mbumba as wise.

“I think we have more urgent issues as parliament moves into its last days with new incoming parliamentarians and Cabinet,” he says.

He adds that Namibia is faced by many challenges but homosexuality is not one of them.

He believes every person has a right to choose their own path, and bills like Ekandjo’s, seeking to decriminalise people’s rights like in the apartheid regime, should not be allowed.

He commends Mbumba for his bravery in taking such a decision despite the criticism that may follow.