Same-sex marriages legally concluded outside Namibia must be recognised by the Namibian government, the Supreme Court has ruled in a historic judgement.
The home affairs ministry’s refusal to give official recognition to same-sex marriages concluded outside Namibia infringes on the constitutional rights to equality and dignity, four judges of the court stated in a judgement delivered today.
The court ruled that the marriages of two same-sex couples who got married in South Africa and Germany, respectively, must be recognised in Namibia, and that the non-Namibian partner in each marriage is recognised as the spouse of their Namibian partner under the country’s Immigration Control Act.
The court’s judgement gives non-Namibian spouses in same-sex marriages the same residence rights in Namibia that are accorded to spouses in opposite-sex marriages.
One of the five judges who heard the two appeals on which the court gave its decision dissented from the majority judgement, which was supported by four judges.
The majority judgement was written by chief justice Peter Shivute and appeal judge Dave Smuts.
More in our next edition.
In an age of information overload, Sunrise is The Namibian’s morning briefing, delivered at 6h00 from Monday to Friday. It offers a curated rundown of the most important stories from the past 24 hours – occasionally with a light, witty touch. It’s an essential way to stay informed. Subscribe and join our newsletter community.
The Namibian uses AI tools to assist with improved quality, accuracy and efficiency, while maintaining editorial oversight and journalistic integrity.
Stay informed with The Namibian – your source for credible journalism. Get in-depth reporting and opinions for
only N$85 a month. Invest in journalism, invest in democracy –
Subscribe Now!
