Religious and traditional leaders have expressed differing views on the new Marriage Act’s requirement to disclose existing customary marriages before civil marriages.
The act, signed into law in 2024, says anyone already married under customary law will not be allowed to marry in community of property and must choose another matrimonial property system.
Anglican bishop Lukas Katenda says a wife, whether married under customary or civil law, is already a spouse and should not simply be treated as a declaration.
“For me, a wife is someone you live with. If you have a wife, whether customarily or legally, it is a wife. It is not a declaration because it is already a wife,” he says.
He says the requirement raises questions about whether the law is dealing with recognised marriages or other relationships.
“What does that mean? Unless you are saying declare if you have affairs or something like that?” he says.
Katenda says couples entering marriage should disclose important information about their lives to each other.
“I don’t expect someone to propose marriage and hide things. If you have children or previous relationships, you have to say that to your new partner because they can make their own choice if they are happy with it or not,” he says.
Coalition of Churches and Organisations chairperson Shirley Magazi says the requirement is a positive step because it promotes honesty and protects prospective spouses.
However, she says the new Marriage Act does not clearly explain what happens after such a disclosure, creating uncertainty about the legal effect of the requirement.
She says the law appears to require disclosure of existing customary marriages but does not state whether a person who is already in a customary marriage can still enter into a civil marriage.
According to Magazi, the lack of clarity could create confusion about the state’s position on polygamy.
“If disclosure does not prevent a person from proceeding with a civil marriage despite already being married under customary law, then the provision risks creating uncertainty regarding the state’s position on polygamy. Greater legislative clarity is, therefore, necessary,” she says.
Magazi says while Namibia legally recognises customary marriages, churches continue to uphold marriage as a lifelong union between one man and one woman.
She says churches cannot be expected to solemnise marriages where one of the parties is already married under customary law because doing so would conflict with their religious beliefs.
Magazi says she does not believe Namibia is fundamentally a polygamous country and that its laws should strengthen stable family life rather than create uncertainty.
“I do not believe Namibia is fundamentally a polygamous nation and our laws should, therefore, reflect and reinforce the values that promote stable family life,” she says.
Once the law is in force, couples intending to marry will have to notify the Ministry of Home Affairs, Immigration, Safety and Security at least 90 days before their wedding and obtain a pre-marriage confirmation.
Hompa Alfons Kaundu of the Mbunza Traditional Authority says polygamous customary marriages still exist but they have become uncommon.
Kaundu says only a few men in the community are traditionally married to more than one wife, with most now choosing to marry only one woman.
He says men who wish to marry more than one wife under customary law are still allowed to do so.
According to Kaundu, each customary wife receives her own traditional marriage certificate.
He adds if the husband dies, his estate is shared equally between the wives in accordance with customary practices.
“If a man has two traditional wives, each woman receives her own marriage document, and if the husband passes away, everything is divided equally between them,” he said.
Shamvura headman Frans Ndonga says the new requirement could create more problems than benefits.
Ndonga says marriage practices have already changed, with some couples getting married without their parents’ involvement or approval.
“In our culture, it is also considered an abomination for a woman to have more than one husband,” he said.
