Hertta-Maria Amutenja
The new Marriage Act 2024 does not nullify same-sex marriages conducted or recognised before its enactment; it explicitly ends their recognition moving forward.
This is according to human rights activist and Namibia Rights and Responsibility founder Phil ya Nangoloh, who was addressing confusion surrounding the recently enacted act.
“There are reports making rounds in both traditional and social media implying that the new law expressly reverses the recent Supreme Court decision recognising same-sex marriages in Namibia. Such reports are not entirely accurate,” Ya Nangoloh said.
According to him, the Act, which is not yet in force, expressly recognises such unions.
The Marriage Act 2024, signed into law by President Nangolo Mbumba on 2 October 2024, defines marriage as a union between persons of the opposite sex.
According to this definition, Namibian law will no longer recognise same-sex marriages, including those that take place abroad.
This nullifies the Supreme Court ruling for future marriages but upholds the validity of same-sex unions contracted before the law takes effect.
The law introduces several new regulations, including the requirement for individuals under 21 to obtain written consent from their parents or guardians before marrying.
Couples intending to marry must also notify the registrar-general at least 90 days before the wedding date, providing documents such as proof of divorce, a declaration of single status, or a death certificate for a former spouse. Additionally, the notification must include the date and location of the wedding and the officiating marriage officer.
If one of the partners is a foreign national, they must comply with the same pre-marriage requirements while also providing proof that there is no pending warrant of arrest or notice against them on Interpol.
The Act also mandates the public notification of all intended marriages.
The Registrar-General is required to post details of the upcoming marriage, including the names of the couple, the wedding date and location, and the officiating officer, on the Ministry’s online notice board.
Objections to a marriage are permitted but must be submitted with valid reasons.
Last year in parliament, Swapo member, Jerry Ekandjo criticised the president for delaying the signing of a private members’ bill aimed at criminalising same-sex marriages. Ekandjo argued that the delay violates the constitutional obligation to sign bills passed by a two-thirds parliamentary majority.
The Supreme Court’s ruling in May 2024 directed the Ministry of Home Affairs to recognise same-sex marriages legally performed outside Namibia.
