By:Justicia Shipena
In response to the Supreme Court’s recent verdict on same-sex marriage recognition in Namibia, the government is conducting a legal examination of the constitutional ruling before choosing the proper course of action.
Attorney General Festus Mbandeka revealed this in a media announcement dated 26 May 2023.
Namibia’s Supreme Court declared on 16 May that the government must acknowledge the unions of same-sex couples who married in nations where it was legal for them to do so, even though same-sex marriage is still banned in Namibia.
The verdict elicited varying emotions, with churches and anti-gay groups blaming the government of taking this step owing to financing and investment.
“Given the magnitude of this judgement and its wider legal implications, government is in the process of conducting a legal assessment of this constitutional ruling, before determining the appropriate course of action within the available constitutional parameters,” Mbandeka stated.
The Attorney General indicated the government is aware of the Supreme Court’s decision and that the courts are autonomous, subject only to the constitution and the law.
He added that the executive will notify the public of the formal government reaction to the Supreme Court verdict as soon as possible.
Mbandeka stated that Articles 1 and 5 of the Namibian Constitution establish the structure and mandate of the key organs of the state and emphasise the importance of respect for the fundamental human rights and freedoms guaranteed in the constitution.
“The doctrine of separation of powers requires that the three branches of government must maintain independence from each other and must exercise checks and balances in respect of their respective functions,” he said.
According to him, article 81 of the constitution states that a decision of the Supreme Court is binding on all other courts and persons in Namibia unless reversed by the Supreme Court itself or contradicted by a duly approved act of parliament.
“Namibia as a democratic system guarantees freedom of speech and expression in terms of Article 21(1) of the Namibian Constitution. However, exercising these rights, especially with regard to the subject-matter of Supreme Court ruling, must be done in a constructive, responsible and respectful manner that does not violate the rights of others and or undermine the constitutional mandate of any of three branches of state,” Mbandeka pointed out.
Following the ruling, many people, including politicians, organised protests through WhatsApp groups.
The churches have now designated 1 June as the date for their protest against the ruling.
Meanwhile, the #ShutItAllDown movement has condemned the development of these WhatsApp groups, claiming that they promote violence and hate speech against the LGBTQI+ community.
The movement has also launched an online petition requesting that parliament reconvene in order to discuss and vote on the revised hate speech bill.
Government’s Response To Same-Sex Marriage Decision: Legal Evaluation Underway
