States it will not recognize same-sex marriages
Staff Reporter
THE Minister of Home Affairs, Immigration, Safety and Security, Dr. Albert Kawana, today tabled the new Marriage Bill in Parliament, effectively overriding the private members’ bills introduced by Jerry Ekandjo.
The Ekandjo private members’ bills, namely the “Marriage Amendment Bill,” which aimed to limit civil marriages solemnized in Namibia to members of the opposite sex, and the “Definition of Spouses Bill,” which sought to criminalize same-sex marriages, have now become redundant with the new Marriage Bill addressing the same issues.
Dr. Kawana said that the new Marriage Bill will repeal the Marriage Act of 1961 and all its subsequent amendments. The Home Affairs minister further explained that the bills will effectively override the Supreme Court decision which recognized same-sex marriages concluded outside Namibia.
In the definitions of the new bill, “Marriage” means a legal union entered into voluntarily between two persons of the opposite sex and solemnized or validated in terms of the Act, while “Spouse” means a person, whether male or female, who is married to a person of the opposite sex and includes such persons who are a party to a foreign marriage.
During the tabling of the bill, Dr. Kawana said that the Supreme Court, with respect, failed to consider the fact that even the common law principle under discussion is subject to the requirement that the laws of foreign countries on marriage are subject to the laws of Namibia. “Those foreign marriages, which are in conflict with the laws of Namibia, cannot be recognized in the eyes of Namibian society. They are null and void ab initio,” Dr. Kawana said.
Dr. Kawana added that a foreign marriage will only be considered valid in Namibia if it meets the requirements of clause 31, one such requirement being that the marriage should be consistent with the laws of Namibia which apply to marriage. “In other words, if such a foreign marriage is not capable of being recognized in accordance with the laws of Namibia relating to marriage, such marriage will not be recognized in Namibia, such as same-sex marriage.”
Part one of the bill provides a procedure for the designation of marriage officers. This includes magistrates, a certain category of staff of the ministry, and members of religious denominations or organizations. For the designation of marriage officers, the law will now make it possible for staff members of the ministry at certain ranks to be marriage officers,” Dr. Kawana said.
He added that this marriage bill, when it applies to civil marriage, just like the 1961 law which is being repealed, also applies to civil marriages only, and that the registration of customary marriages will be dealt with in a separate law.
