EDITORIAL: AG must stick to law
Attorney-General Festus Mbandeka has submitted an affidavit to the Windhoek High Court in which he argues that a majority of Namibians still reject homosexuality and that the sodomy law should remain in force on that basis.
"I deny that the mere existence of the sodomy law promotes the stigmatisation of gay men. If these men suffer from any stigma, it is because of their choice to engage in sexual behaviour that is considered morally taboo in our society,” his affidavit reads.
On a balance of probabilities, Mbandeka is correct in his assessment that the majority of Namibians reject homosexuality. But this law is not about those who oppose this sexual orientation, therefore their say in the matter should carry no weight. That’s like people in Kunene deciding how Zambezi must run its regional affairs.
The second issue troubling us from the attorney-general’s statement above is the morality part of it. Mbandeka, perhaps more than many of us, knows that the courts base their work on laws and the constitution – not personal sets of values.
While the term ‘choice’ is a buzzword in conversations around homosexuality, we must also remember that there are people who fought gay feelings with all they’ve got, including splashing huge amounts of money on therapy to fight off the urge, but failed. So, where is their ‘choice’ here? The attorney-general must stick to legal arguments, not sentimentalist moral judgements.
"I deny that the mere existence of the sodomy law promotes the stigmatisation of gay men. If these men suffer from any stigma, it is because of their choice to engage in sexual behaviour that is considered morally taboo in our society,” his affidavit reads.
On a balance of probabilities, Mbandeka is correct in his assessment that the majority of Namibians reject homosexuality. But this law is not about those who oppose this sexual orientation, therefore their say in the matter should carry no weight. That’s like people in Kunene deciding how Zambezi must run its regional affairs.
The second issue troubling us from the attorney-general’s statement above is the morality part of it. Mbandeka, perhaps more than many of us, knows that the courts base their work on laws and the constitution – not personal sets of values.
While the term ‘choice’ is a buzzword in conversations around homosexuality, we must also remember that there are people who fought gay feelings with all they’ve got, including splashing huge amounts of money on therapy to fight off the urge, but failed. So, where is their ‘choice’ here? The attorney-general must stick to legal arguments, not sentimentalist moral judgements.
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