Namandje proclaims same-sex marriage not in line with Namibian law

Sisa Namandje

Lawyer and Swapo central committee member Sisa Namandje says same-sex marriage is not in line with Namibian law and the sodomy challenge should have been dismissed.

In a public lecture on Saturday, Namandje spoke under the theme ‘Can there be a Constitutional Court-made law or principle having no roots in the language and scheme of the Namibian Constitution? A critical look at the recent judgement of the High Court of Namibia on the crime of sodomy.’

“We support the government’s position on this issue, which is that sodomy should remain a crime. We support the government’s position that same-sex marriages are not in accordance with our law,” said Namandje.

Last month, the High Court declared the common law offence of sodomy and “unnatural sexual offences” unconstitutional.

It also declared the inclusion of the crime of sodomy in sections of the Immigration Control Act and the Defence Act unconstitutional and invalid.

Namandje further said Swapo, being the authentic and sole representative of Namibian people, had a Family Act, which was then incorporated into the Constitution of Namibia.

The Swapo Family Act defines marriage as “the community of lives of a man and woman regulated by statute”.

Namandje advised that when faced with constitutional matters, Namibian courts should give serious consideration to the nation’s values, cultures, aspirations and sensitivities before making a decision.

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