Minister of agriculture, water and land reform Calle Schlettwein says fellow Swapo parliamentarian Jerry Ekandjo’s anti-gay private member’s bills, which were recently passed in the National Assembly, are in conflict with enshrined rights in the Namibian Constitution.
Schlettwein said this while commenting on the bills that seek for a law to explicitly define the word ‘spouse’ in the Immigration Control Act and Marriage Act.
He said he believes the bills are against human rights as enshrined in the Constitution, which cannot be changed by any politician or parliamentarian.
Schlettwein took to social media last week, saying “liberty is freedom from control, interference, obligation, restriction, hampering conditions or the power or right of doing, thinking and speaking, according to choice”.
“Parliament approved to interfere with, restrict, hamper and criminalise a choice of affection,” Schlettwein tweeted.
The minister last week in parliament said he believes the underlying consequences of the way a constitutional matter is dealt with may be severe, and therefore he cannot support the bills in their current state.
Popular Democratic Movement (PDM) leader McHenry Venaani last week in parliament said Ekandjo’s proposed bills must pass a constitutionality test.
The civil registration and identification bill currently defines marriage to mean a “union between a man and a woman of full age and concluded in terms of the laws governing civil marriages in Namibia”, and the “union between a man and a woman of full age and concluded under any customary law of a Namibian traditional community”.
COUNCILLORS BACK EKANDJO
A number of Swapo National Council members supported Ekandjo’s private members’ bills.
Rundu Rural constituency councillor Paulus Mbangu yesterday said Ekandjo’s definition of the word ‘spouse’ is clear.
“The parliament is there to represent the people and ensure democracy in the county, however, democracy shouldn’t be abused at the expense of the Namibian nation. As leaders and members of this august house, we cannot allow and promote immorality in Namibia,” he said.
Mbangu said if same-sex marriage is legalised in Namibia, the entire health system would suffer since the government would need a larger health budget to assist those who participate in anal sex.
The chief whip of the National Unity Democratic Organisation, Peter Kazongominja, also supports Ekandjo’s bills.
He said people find it difficult to define the term ‘spouse’.
“In my layman’s understanding, I have heard that the Bible is the basis of the law. And if the Bible is the groom law [sic], whatever we are doing should not conflict with the Bible,” he said.
Kazongominja said God created a man and a woman (Adam and Eve), whom he sent on earth to multiply.
“Sleeping with another man or women is a sin that is unforgivable. There are plenty of women in this country who do not have men, and now men are sleeping together,” he said.
According to Kazongominja, same-sex marriage and other “satanic” practices is the reason for God punishing the country with severe drought and disunity.
“It is because we have gone beyond what He created,” he said.
Councillor Andreas Amundjindi said the recent Supreme Court judgement to recognise same-sex marriages legally concluded outside Namibia is not only confusing, but leaves ambiguity about what the Constituent Assembly intended a spouse and marriage to be.
“Our intention therefore as empowered by article 81 of the Namibian Constitution is to close the gap and remove any and all ambiguity regarding spouses in the context of marriage in Namibia – hence the proposed amendment,” he said.
Amundjindi said it is important that a common definition for the word ‘spouse’ and for the categories of people who by law should be allowed to enter into a marriage is adopted.
“This proposed amendment therefore will serve to close any gap in this regard,” he said.
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