Niël Terblanché
The government has introduced the Marriage Act of 2024, a new piece of legislation that brings significant changes to the regulation of civil marriages in the country.
Etienne Maritz, the executive director of the Ministry of Home Affairs, Immigration, Safety and Security, described the new law as a critical step in modernising Namibia’s marriage framework.
Among the key provisions is a requirement for pre-approval from the Ministry of Home Affairs, Immigration, Safety and Security before couples can proceed with their marriage.
This legislation, which replaces the Marriage Act of 1961, was signed into law by President Nangolo Mbumba on 2 October 2024 and gazetted on 30 December 2024.
According to Maritz, the legislation is yet to come into force pending the finalisation of its regulations.
“The Marriage Act, 2024, establishes a comprehensive legal structure to regulate civil marriages, ensuring that they adhere to the highest standards of accountability and fairness,” he said.
The pre-approval process introduced under the Act aims to verify that neither party is already in a subsisting marriage and to allow public notification of intended marriages.
“This measure ensures transparency and prevents fraudulent practices, safeguarding the sanctity of marriage,” Maritz explained.
The Act also sets out additional requirements for marriages involving Namibian citizens and non-citizens, addressing concerns about potential exploitation or misuse of marriage for purposes unrelated to genuine marital union.
According to Maritz, the Act maintains prohibitions on marriages involving minors and clarifies prohibited unions based on blood relations, marriage, or adoption.
“These provisions reflect our commitment to protecting vulnerable individuals and ensuring marriages are entered into freely and lawfully,” he stressed.
He added that while the Act governs civil marriages, customary marriages remain recognised under Article 66 of the Namibian Constitution and are regulated by the respective traditional communities’ laws.
“This distinction does not render customary marriages unlawful; rather, it acknowledges their constitutional legitimacy while reserving their registration for separate legislation in the future,” he clarified.
Maritz also encouraged the public to engage with the new legislation and educate themselves on its implications.
“Understanding the provisions of the Marriage Act of 2024 will empower Namibians to make informed decisions and reduce the spread of misinformation. We invite everyone to read the Act and participate in constructive public debates,” he said.
He added that until the new Act comes into force, the provisions of the Marriage Act of 1961 will remain applicable.
Maritz reassured the public that adequate notice would be provided before the transition.
He said that the government is committed to ensuring that the Act’s implementation reflects the values of fairness, transparency, and inclusivity, providing a robust foundation for civil marriages in Namibia.
