Mallex Shipanga
Legal experts from Namibia’s Society of Advocates have raised objections to the “Definition of Spouse Bill,” which was passed in July 2023.
The society is arguing that the bill contravenes the Namibian Constitution.
In a statement issued on 3 December, the president of the Society of Advocates, Natasha Bassingthwaighte addressed the bill.
She explained that the constitution does not allow the parliament to pass this law.
“The constitution specifically states that parliament shall not make any law that abolishes or abridges the fundamental rights and freedoms conferred by the constitution and that any law that does so is invalid,” she said.
The bill contradicted the Supreme Court’s ruling to recognise same-sex marriages from other countries on 16 May 2023.
The bill states: “No marriage between persons of the same sex shall be recognised as a valid marriage in the Republic of Namibia. Persons involved in marriages with persons of the same sex shall not be regarded as spouses for purposes of any law in the Republic of Namibia.”
Bassingthwaighte warned that the bill could harm the country’s democratic reputation.
“This would undoubtedly have a negative effect on Namibia’s proud record as a democracy, to the detriment of Namibia’s citizens and Namibia’s international standing as a leading example of a stable democracy in Africa,” she said.
The Society of Advocates emphasises the duty of legal professionals and parliamentarians to uphold the Constitution.
“Every member of parliament also takes an oath to uphold and defend the constitution and laws of the Republic of Namibia. We appeal to parliament to take this oath seriously, even in difficult cases where the personal views of some MPs do not accord with the decision of the courts on a constitutional issue,” she said.
