Human rights activist John Nakuta says the anti-gay marriage act signed into law by presindent Nangolo Mbumba can be challenged in court, since it is discriminatory and in violation of the Constitution’s equality clause.
He says the implementation of the Marriage Act seeks to find loopholes around the 2023 Supreme Court judgement that same-sex marriages legally concluded outside Namibia must be recognised by the Namibian government.
“And for me, that is something of great concern, because it appears that the legislators, members of parliament, think they can enact any law without having regard for the provisions of our Constitution,” he says.
Nakuta says there is a strong case for anyone who may want to challenge this, because the parliament and all other stakeholders would have to convince the court that there are good and justifiable reasons for not recognising same-sex marriages in Namibia.
Whether the recently enacted Marriage Act of 2024 is in line with the Constitution should be tested in court, lawyer Carli Schickerling says.
Schickerling has previously represented same-sex couples fighting for the recognition of their marriages in Namibian courts. She yesterday said the Marriage Act of 2024 is unconstitutional.
“Obviously it has a very adverse effect on the lesbian, gay, bisexual, transgender, queer, intersex and more (LGBTQI+) community and we cannot accept it.

“Unfortunately, it will have to be done through the courts again – at a massive expense to clients. But we cannot stand idly by and watch as our parliament tries to enact such discriminatory provisions,” Schickerling said.
She said legal representatives will be meeting to discuss the way forward at the end of this week.
Namibia has enacted the Marriage Act of 2024, which prohibits the recognition of same-sex marriages, including those legally conlcuded outside Namibia. President Nangolo Mbumba signed this law on 2 October last year, reversing the 2023 Supreme Court ruling that recognised such unions in Namibia. The new law defines “marriage” strictly as a union between a man and a woman, excluding same-sex couples from legal recognition under both civil and customary law.
‘HEARTBREAKING’
Equal rights activist Friedel Dausab says this legislation is a direct attack on the dignity, rights, and humanity of LGBTQI+ people in Namibia.
He says this law sends members of the LGBTQI+ community a loud and clear message that they don’t belong in Namibia.
“Your love doesn’t matter. You don’t deserve the same rights as others. For LGBTQ+ Namibians, this is heartbreaking.
“It makes us feel unsafe in our own country. It tells us that no matter how hard we work, how much we contribute, or how much we love, we will never be treated equally,” Dausab says.
He says the law fuels the stigma and discrimination the community already faces.
Dausab says Namibia’s refusal to recognise same-sex marriages concluded outside the country creates uncertainty, fear and rejection for couples who simply want to live their lives together in peace.

‘DANGEROUS PRECEDENT’
Human rights activist Linda Baumann says the exclusion of same-sex marriages in this legislation sets a dangerous precedent of discrimination.
She says there’s a serious risk that the public may misinterpret this law as a blanket criminalisation of same-sex relationships, potentially leading to increased discrimination and human rights abuses.
“By failing to provide equal legal protections, this law not only marginalises the LGBTQI+ community, but could also encourage broader societal discrimination and violence against them,” Baumann says.
She says the law signals institutional exclusion, undermining the dignity and equality of LGBTQI+ individuals in Namibia.
“However, the resilience of the LGBTQI+ community and growing advocacy for equality offer hope for a future where dignity, rights and inclusion prevail for all,” she says. Swapo lawmaker Jerry Ekandjo last year tabled bills to define the term ‘spouse’ and amend the Marriage Act of 1961 to block the recognition of same-sex marriages in Namibia.
He declined to comment on the matter yesterday.
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