Staff Reporter
THE ruling party, SWAPO, has said that it is taking the concerns, anxiety, and unhappiness of the public seriously regarding the Supreme Court’s ruling, which recognized same-sex marriages conducted abroad involving Namibians.
Hilma Nicanor, SWAPO party’s Secretary of Information, said that SWAPO Party will do everything within its constitutional and legal obligations to find a long-lasting and acceptable solution.
“In the immediate aftermath of the delivery of the Supreme Court judgment, the SWAPO Party has been paying attention to the strong public reaction. It has also been receiving submissions, queries, and representations from its members, structures, wings, affiliates, and the general public on a large scale, all expressing their unhappiness with the judgment,” Nicanor said.
She added that after extensive discussions, the Politburo resolved to convene an extraordinary meeting of the Central Committee to discuss and make necessary decisions regarding the concerns raised by members, structures, supporters, the general public, the judgment itself, its implications, and its effect on society as a whole. The meeting will also consider the range of available and legally viable statutory remedial actions that could potentially be taken.
“In conclusion, on behalf of the Politburo, I wish to reassure our members, sympathizers, supporters, and the public that the SWAPO Party takes their concerns, anxiety, and unhappiness seriously. SWAPO Party will do everything it can within the constitutional and legal requirements to find a long-lasting and acceptable solution. SWAPO Party calls on its members, sympathizers, supporters, and the public to remain calm while steps and processes are being undertaken with due expedition,” Nicanor said.
On 16 May 2023, the Supreme Court of Namibia delivered its judgment in two consolidated appeals, namely Seiler-Lilles and Digashu v Minister of Home Affairs, under case numbers SA 6/2022. The Supreme Court had to decide whether the Ministry of Home Affairs was correct in refusing to recognize the two foreign nationals as “spouses” to their Namibian same-sex partners (who were validly married in countries that recognize same-sex marriages) for immigration purposes under section 2(1)(c) of the Immigration Control Act, 7 of 1993.
The Supreme Court found that the Ministry of Home Affairs’ approach to exclude foreign nationals in marriages validly concluded in countries that recognize same-sex marriage from the definition of “spouse” in section 2(1)(c) of the Immigration Control Act, and the beneficial exemption provided under that section, violated the interrelated rights to dignity (in terms of Article 8) and equality (in terms of Article 10) of the appellants as provided for under the Namibian Constitution. The Supreme Court added that the validity of a marriage (using the well-known common law principle “ex loci celebrationis”) is determined by the statutory requirements of the country in which the marriage was concluded/solemnized.
