Polygamy still thrives north of the redline, backed by colonial law and cultural pride

Polygamous marriages remain engrained in the fabric of Namibian rural societies.

This is enabled by a 97-year-old proclamation that permits Namibian ‘native’ men to have more than one wife, provided they declare the names of their wives, children and property under oath.

The proclamation aimed to declare all marriages north of the veterinary cordon fence (redline) as automatically out of community of property to protect the customary rights of wives to native men in these areas – who were prone to polygamous marriages.

Today there is a customary divide between men north and south of the redline – a rare perk of the veterinary cordon fence.

‘JUST PROVIDE’

Mayeyi Traditional Authority councillor Chrispin Sifu says polygamy is still practiced in his area, where a man can marry up to three wives if he chooses.

All a man must do is provide for all his wives and children.

“Traditionally, polygamy is allowed, and it’s up to the man to decide how many wives he wants to marry. The wives are recognised by the traditional authorities. A man with more than one wife is often treated with more respect and is deemed well off,” he says.

Headman Alfons Kaundu of the vaMbunza Traditional Authority, echoes these sentiments.

“Couples have made significant progress in polygamous marriages through traditional customs and practices. We allow them and support the marriage given that both families’ members agree and sign,” he says.

Kaundu says these practices should be clear to all residents as long as the native man can perform his duties.

“Our parents depended on farming. Each wife had a field and the man provided for all the household needs,” he says.

He says modern-day challenges and setbacks have made polygamy decline rapidly.

DISEASE, CHILD SUPPORT, CHAOS

“On the other hand, we cannot fully encourage people to practise polygamy due to the high rate of diseases, and high economic need,” he says.

Kaundu says more couples will contribute to more infections and a lack of child support.

“Men will not support and take care of many children at the same time. Life is expensive these days, and it is advisable to take the right decision,” he says.

“Polygamy brings chaos if the women are not educated properly by their parents and if they do not understand the customs. Death can be the result, and the family being led astray,” Kaundu says.

He says the traditional authority declares that polygamy should be practised according to culture, law and customs to avoid challenges when one party dies.

Liselo village headman, Patrick Matongo, says polygamy is not so common in his area any more because of the high unemployment rate, which fuels poverty and the risk of exposure to sexually transmitted diseases.

He says men who enter into polygamous marriages need to provide for all their wives and children, which is not always possible in the current economic climate.

Chief Manasse Zeraeua of the Zeraeua Traditional Authority says polygamy made sense in the past when resources were plentiful.

“If, for example, I can afford to marry two, why should I be prevented from doing so? It should boil down to somebody’s personal choice,” he says.

Zeraeua says while some traditional communities now limit polygamy, those who want to engage in it should be free to do so.

FIVE CHILDREN, TWO WIVES

Among those practising polygamy is businessman Malakia Elindi, who is implicated in the ongoing Namcor-Enercon corruption scandal.

During his bail application yesterday, Elindi revealed that he has two wives, Albertina Iiyambo and Lydia Elindi.

Lydia was arrested alongside Elindi in Windhoek last week.

“I am the father of five children and I have two wives . . . another one, Albertina Iiyambo, but she is in the north,” he told the court yesterday.

Chief Andreas Kgosiemang of the Batswana Ba Namibia Traditional Authority says those who can afford polygamy should be allowed to practise it, but raises concerns about the legal implications of the unequal recognition of customary and civil marriages.

“The wife married under customary law stays at the village, while the one married civilly lives with the husband in town,” he says.

“When the husband dies, the village wife may inherit nothing.”

ON THE FENCE

Uukwambi chief Herman Iipumbu says the traditional authorities in the country need to discuss polygamy.

“This is not something you can comment on alone because if you say it’s bad people would accuse you of preventing them from practising their culture, and if you say it is good, some would say you are perpetuating bad cultural practice,” he says.

THE LAW

In 2024, lawyer Kadhila Amoomo announced plans to file a case in the High Court advocating the legalisation of polygamy.

Amoomo yesterday told The Namibian many of his clients have shown interest in the matter.

“Some have also pledged financial contributions should it be necessary for legal costs. We have submitted a proposal to honourable Wise Immanuel, minister of justice for the legalisation of polygamy in the civil law sphere and we will await his office for more action,” he said.

He said the matter will be heard in court soon.

In recent years, several high-profile legal cases in Namibia have challenged the constitutionality of the discriminatory provisions of the Native Administration Proclamation 15 of 1928, in particular, Shipanga v Shipanga in 2012, and Shipanga v Kautwima in 2014, in which the court had to provide an answer on whether the proclamation was automatically invalidated by the Constitution upon independence or remained in force until specifically repealed or declared unconstitutional.

Lawyer Bernhard Tjatjara says the proclamation provision allows for polygamous marriages in the context of customary law only if the disclosure of the previous marriage is made under a declaration.

“However, this provision of the law has not been made applicable to Namibia, including the north of the (former) police zone.

“There is a gap in our law on the recognition and regulation of customary polygamous marriages,” he says.

Tjatjara says Article 66 of the Namibian Constitution, however, provides for the recognition of customary laws.

“. . . and the inclusivity of the practice of polygamous marriages in the customary practices context as long as it does not offend the Constitution,” he says.

“This area of the law should be regulated because the practice of polygamy in customary law is still widespread in both the Kavango East and West regions.”

Tjatjara emphasises that polygamy needs to be regulated to afford those involved and those affected by it protection.

In 2016, former attorney general Sacky Shanghala said the Native Administration Proclamation 15 of 1928 permits black men to marry more than one woman.

“It is legal in Namibia. The Native Administration Proclamation 15 of 1928 permits polygamy as long as you declare it.

“So, under customary law you can marry as many wives, but the only problem is, it discriminates. It only allows black men to do that, not white men. It does not make provision for white men. I wouldn’t draft a law that is unlawful. If I want to have many wives I can have them,” he said.

“The law has been around since 1928. There are some people who got married even in 2010. I have certificates I can show you whereby people have gone to declare that they married their second wife or so under customary law,” Shanghala said.

The parliament last year passed the new Marriage Act of 2024 and matrimonial property bill to standardise marriage regimes across the entire country.

But until this law is enacted, polygamous marriages north of the redline remain intact.

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