Stefanus Nashama
The Swapo Party Central Committee has commanded the government to immediately take executive and legislature steps aimed at introducing a Namibian law defining the word ‘spouse’ in the Immoral Control Act, which definition will inevitably modify the common law principle applied by the Supreme Court.
This follows a recent Supreme Court judgment recognizing same-sex marriages certified outside the country for purposes of Section 2(1)(c) of the Immoral Control Act, which was delivered on 16 May 2023.
The Swapo Party on Saturday held a Central Committee meeting to address the matter of the Supreme Court judgment.
According to the Swapo Party National Spokesperson, Hilma Nicanor, the Swapo Party has directed ‘its government’ to enforce all laws in force that are aimed at preventing and combating such acts after the Central Committee meeting.
“While the Swapo Party government takes the above-directed statutory remedial steps, the Swapo Party hereby strongly condemns and repudiates all kinds of Immoral and Indecent Acts and other associated Acts that are either inconsistent with the Namibian laws or against the public policy,” she said.
She said however the judgment, when properly considered and read, does not generally recognize same-sex marriages in Namibia as some seek to portray. She said it is of limited effect.
Nicanor stated that the Central Committee expressed its concern and disappointment over the judgment and the uncertainty and confusion it creates, notwithstanding its confined scope.
During the Swapo Central Committee meeting, the Swapo Party President Hage Geingob said the party’s position on family and marriage has not changed, therefore, there is no reason to be upset about the judgment.
Geingob said Swapo’s constitution defines marriage as being between a man and a woman.
“That’s the Swapo position. Now why do you get excited as Swapo members? Our national constitution is equally explicit. It defines marriage as being between a man and a woman. The Constitution is very clear, there is no change,” he said.
Geingob said the Supreme Court has not abolished the definition of a family but has only interpreted certain parts of the law. He said the purpose of the Central Committee meeting was to defuse tension within the ruling party over the Supreme Court judgment.
“We are here to say that we as Swapo are the fathers and mothers of this country. When people are getting excited, as parents, we must calm them down. We are meeting here to calm everybody down,” he said.
In a statement, Nicanor said the Central Committee observed several laws in Namibia overwhelmingly confirming marriage as contemplated under Article 14(1) between a man and a woman.
She stated the legislature policy and constitutional state of affairs also confirmed the Swapo Party marriage both before and after independence to date.
She said the Central Committee reiterates, “Under an acceptance of the maxim of international law as per sentiments of the Supreme Court in another judgment, Namibia has the power as inherent in its sovereignty and essential to its self-preservation and security of its people to forbid and regulate the entrance of foreigners within its domain on such conditions as the executive and legislature could prescribe.
The statement also indicates that the Swapo Central Committee notwithstanding its concern and disappointment over the judgment, reiterates and reaffirms the party’s commitment to the constitutional provision under Article 78(3) is non-interference with the judiciary and the protection of the dignity and effectiveness of Courts.
