Ekandjo 'happiest man' after same-sex marriages outlawed
Swapo veteran Jerry Ekandjo, who has been at the forefront of demands that same-sex marriages must never be legalised in Namibia, expressed immense joy following President Nangolo Mbumba's signing into law the Marriage Act of 2024, which outlaws such marriages.
The Act, which outlaws gay marriages, including those solemnised outside Namibia, was signed in October and gazetted in December. The law effectively rescinds a May 2023 Supreme Court ruling that same-sex marriages concluded outside of Namibia should be recognised for residency and related purposes.
In July 2023, the National Assembly swiftly passed the private member’s bills - tabled by Ekandjo - comprising the marriage amendment bill and the definition of spouse bill with minimal amendments. It garnered overwhelming support from both the ruling party and the opposition.
Yesterday Ekandjo could not contain his happiness upon hearing the news. “If he signed it, it is good news. I will be the happiest man,” he told Namibian Sun.
The Marriage Act of 2024 defines "customary marriage" as a union recognised under Namibian customary law or that of another country. However, it explicitly excludes any recognition of same-sex marriages, irrespective of their place of conclusion, as well as marriages conducted outside Namibia that do not align with Namibian law.
Strongly opposed to same-sex unions, Ekandjo posed a hypothetical scenario, saying: “Suppose you have a son and he comes and says 'Jerry is my boyfriend', will you not have a problem? Imagine finding them in the [sexual] act. As per God, it is Sodom and Gomorrah.” He further argued that nature intended for only men and women to multiply, insisting that “God did not make a gay.”
Ekandjo elaborated on his beliefs by referencing cases of intersex children, where medical examinations determine dominant hormones. “Now you find a fully grown 100% male having sex with another 100% man,” he lamented. He also criticised Western influence on African traditions, alleging that the promotion of same-sex unions is a strategy to reduce the African population. He remarked: “The West came and found Africans practicing polygamy; they told us it was satanic, and we adopted the principle to marry one wife. Now they are saying marry another man.”
However, human rights activist John Nakuta raised concerns about the Act. While acknowledging that some aspects, like simplifying divorce procedures, were positive, he highlighted issues regarding its treatment of marriages conducted abroad. Nakuta stated that the Act’s exclusion of foreign marriages could face legal challenges for being discriminatory.
He linked this aspect of the Act to the landmark Digashu case's judgment of May 2023, which required Namibia to recognize same-sex marriages validly concluded outside the country for immigration purposes. Nakuta argued that the Act seems aimed at nullifying this judgment. He warned: “The court made it clear that it will not abdicate its obligation to enforce the Namibian Constitution to public opinion and even politicians.”
Nakuta emphasised that such provisions are likely to be challenged in court, further asserting that parliamentarians might face difficulty justifying this part of the law.
The Act, which outlaws gay marriages, including those solemnised outside Namibia, was signed in October and gazetted in December. The law effectively rescinds a May 2023 Supreme Court ruling that same-sex marriages concluded outside of Namibia should be recognised for residency and related purposes.
In July 2023, the National Assembly swiftly passed the private member’s bills - tabled by Ekandjo - comprising the marriage amendment bill and the definition of spouse bill with minimal amendments. It garnered overwhelming support from both the ruling party and the opposition.
Yesterday Ekandjo could not contain his happiness upon hearing the news. “If he signed it, it is good news. I will be the happiest man,” he told Namibian Sun.
The Marriage Act of 2024 defines "customary marriage" as a union recognised under Namibian customary law or that of another country. However, it explicitly excludes any recognition of same-sex marriages, irrespective of their place of conclusion, as well as marriages conducted outside Namibia that do not align with Namibian law.
Strongly opposed to same-sex unions, Ekandjo posed a hypothetical scenario, saying: “Suppose you have a son and he comes and says 'Jerry is my boyfriend', will you not have a problem? Imagine finding them in the [sexual] act. As per God, it is Sodom and Gomorrah.” He further argued that nature intended for only men and women to multiply, insisting that “God did not make a gay.”
Ekandjo elaborated on his beliefs by referencing cases of intersex children, where medical examinations determine dominant hormones. “Now you find a fully grown 100% male having sex with another 100% man,” he lamented. He also criticised Western influence on African traditions, alleging that the promotion of same-sex unions is a strategy to reduce the African population. He remarked: “The West came and found Africans practicing polygamy; they told us it was satanic, and we adopted the principle to marry one wife. Now they are saying marry another man.”
However, human rights activist John Nakuta raised concerns about the Act. While acknowledging that some aspects, like simplifying divorce procedures, were positive, he highlighted issues regarding its treatment of marriages conducted abroad. Nakuta stated that the Act’s exclusion of foreign marriages could face legal challenges for being discriminatory.
He linked this aspect of the Act to the landmark Digashu case's judgment of May 2023, which required Namibia to recognize same-sex marriages validly concluded outside the country for immigration purposes. Nakuta argued that the Act seems aimed at nullifying this judgment. He warned: “The court made it clear that it will not abdicate its obligation to enforce the Namibian Constitution to public opinion and even politicians.”
Nakuta emphasised that such provisions are likely to be challenged in court, further asserting that parliamentarians might face difficulty justifying this part of the law.
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