Same-sex couples cannot legally marry under Namibian law, justice and labour relations minister Wise Immanuel said in the National Assembly on Tuesday.
Immanuel clarified the legal position following concerns raised by works and transport minister Veikko Nekundi over the recognition of same-sex marriages.
He said a May 2023 Supreme Court judgment dealt specifically with same-sex marriages concluded outside Namibia for immigration purposes.
“Where a couple of the same sex got married outside Namibia lawfully, the Namibian government can recognise that marriage for immigration purposes only, and that must be understood, ” Immanuel said.
He stressed that the judgment does not mean same-sex marriage is legal in Namibia.
According to Immanuel, parliament subsequently took a legislative approach in 2024 by passing legislation that defined marriage.
However, he said the legislation has not yet been operationalised pending finalisation.
The minister’s clarification comes amid continued questions over the legal status of same-sex marriages and the extent to which marriages concluded outside Namibia can be recognised by the state.
Immanuel said the Supreme Court judgment should, therefore, be understood within the specific context in which the matter was decided, rather than as legalising same-sex marriage in Namibia.
The issue has remained contentious following parliament’s legislative changes and the court’s earlier ruling on the recognition of foreign same-sex marriages for immigration purposes.
