Staff Reporter
SWAPO member of Parliament, Jerry Ekandjo, has questioned the constitutionality of President Nangolo Mbumba not signing the two Private Members’ Bills he introduced in parliament, which seek to criminalise homosexuality in the country and limit marriage to members of the opposite sex.
“Hon members, I give notice that on 31st October 2024, Thursday, I shall ask the Minister in the Presidency the following: Hon. Minister, Article 30 of the Constitution deals with the oath or affirmation the President takes before assuming office. Of critical importance, the oath in part reads: I will strive to the best of my ability to uphold, protect, and defend as the supreme law the Constitution of Namibia. In July 2023, exactly one year and two months ago, a Private Members’ Bill that I moved was passed by more than a two-thirds majority. I must add this was passed without a single objection. Our Constitution 56/2 is applicable to the bill concerned. Where a bill is passed by a majority and has been confirmed by the National Council, the President shall be obliged to give assent to the bill,” Ekandjo said.
Ekandjo last year tabled the Marriage Amendment Bill, as well as the Definition of Spouse Bills, which evoked mixed reactions.
The bills were, however, seemingly bulldozed and rendered pointless after the Minister of Home Affairs, Safety and Security, Albert Kawana, tabled an amendment bill to replace the current Marriage Act 25 of 1961. The bills duplicated what Ekandjo sought in his prior bills, limiting the definition of spouse to members of the opposite sex and making same-sex marriage in Namibia illegal. Despite this, Ekandjo has insisted on the President signing his two previous bills.
Ekandjo is amongst the parliamentarians who did not make it onto the parliamentary list after the SWAPO party had its electoral college a week ago and is expected to bow out of parliament next year.
