Passed by National Council on Marriage Bill
Staff Reporter
THE Deputy Speaker of the National Assembly, Loide Kasingo, stated in Parliament today that after unanimous agreement from the entire house on the new definition of “Spouse” in the Private Members Bill and Marriage Bill, the bill, which seeks to criminalize same-sex marriage in the country, will now be sent to President Hage Geingob for consideration.
While discussing the Reconsideration of the Marriage Amendment Bill, Swapo backbencher Jerry Ekandjo expressed agreement with the changes made by the National Council regarding the definition of “Spouse” in the Marriage Amendment Bill. The revised definition states that the word “spouse,” whenever it appears in the Marriage Bill and any other legislation, means “a person, being one half of a legal union between a genetically born woman and a genetically born man of the opposite sex.” This new definition, introduced by Andreas Amundjindi in the National Council, replaces the previous definition, which read, “it means a partner in marriage between persons of the opposite sex.”
The bill will be referred to the President for action under Article 56 of the Namibian Constitution. The Marriage Amendment Bill and the Definition of Spouse Bill were introduced following a Supreme Court judgment earlier this year that legally recognized same-sex marriages involving Namibians carried out abroad. However, this decision sparked public outcry and led to the introduction of the Marriage Amendment Bill, as well as the Private Members Bill, which outlaws same-sex marriage in the country.
According to the new Marriage Amendment Bill, any marriage officer who solemnizes a marriage for which they are not authorized under this Act or which they know to be legally prohibited, and any person who is not a marriage officer but purports to solemnize a marriage or witness, promote, or propagate same-sex marriage, shall be guilty of an offence. Upon conviction, they may be liable to a fine not exceeding N$100,000 or imprisonment for a period not exceeding six years, or both such a fine and imprisonment.
