Stefanus Nashama
Legal practitioner and well-known human rights Lawyer, Norman Tjombe says the President, Hage Geingob has no power to intervene in the Supreme Court ruling recognizing same-sex marriages certified in jurisdictions outside Namibia.
Tjombe was responding to a call made by seven retired Bishops of the Evangelical Lutheran Church of Namibia, who appealed to Geingob to intervene and exercise his powers to enable the Supreme Court to reverse its ruling.
The retired Bishops are, Kleopas Dumeni, Apollos Kaulinge, Tomas Shivute, Johannes Sindano, Josefat Shanghala, Veikko Munyika and Shekutaamba Nambala.
“Those asking for the President to intervene in the operations of the Courts should know that will be highly unlawful and irregular,” Tjombe said in an interview with the Windhoek Observer.
Tjombe explained that the Supreme Court forms part of the Judiciary while the President falls under the Executive organ of state, and that the two operate independently.
“It will not happen, and it does not appear in our democratic constitution. The ruling is an appropriate Court Order,” he said.
He stressed that the Courts are in fact to be protected by the Head of State and Ministers as well as Members of Parliament. The Courts, interpreting the Constitution, are only performing their constitutional mandate, he added.
He explained that in terms of separation of power, the three organs: executive, legislature and judiciary have independent powers and responsibilities so that the powers of one branch are not in conflict with those of the other branches.
Tjombe said if the President asked the Supreme Court to revert the ruling on same-sex marriages as requested by the retired ELCIN Bishops and others, the country would suffer because the Court would be interrupted from carrying out its work independently, and that will be in conflict with the Constitution and the principles of separation of powers.
He also said that it will not be in anyone’s interest if Geingob intervenes. “It never happened and it is unlawful”. Where have you heard of the President intervening in the Judiciary organ?” he questioned.
Tjombe said those asking the President to intervene should understand the separation of powers, the functions of independent organs and the democratic constitution.
Recognition of same-sex marriages is a gradual move of the Europeans’ snowballing agenda to diminish the Namibian and African populations, allowing same-sex couples to settle in the country is against Christian ethos and traditions, the Bishops wrote
