EDITORIAL: Mbumba’s moment of reason
President Nangolo Mbumba’s refusal to sign Swapo lawmaker Jerry Ekandjo’s private members’ bills, which sought to criminalise homosexuality, is a decision worthy of commendation. At a time when populism could have easily swayed him, Mbumba chose reason over repression.
Recently, he signed into law an amendment to the old Marriage Act, defining ‘spouse’ strictly as a person married to someone of the opposite sex. This legislation effectively outlaws same-sex marriages in Namibia and nullifies the 2023 Supreme Court ruling that recognised same-sex unions performed abroad involving Namibian citizens.
Yet for Ekandjo, this was not enough. His proposed legislation aimed to go further – not just to block same-sex marriages, but to criminalise homosexuality altogether. He envisioned penalties as severe as N$100 000 in fines or up to six years in prison for those who dare to love outside what is considered the norm in Namibia.
Mbumba’s decision does not make him a champion of equality. His approval of the Kawana bill already dealt a significant blow to marriage equality. But in the eyes of many, his stance on Ekandjo’s bills represents a line that Namibia was not willing to cross. The state has denied same-sex couples the legal recognition of marriage, but has not resorted to persecuting them for simply existing.
Of course, for Namibia’s LGBTQI+ community, this is little consolation. The inability to legally marry means being denied fundamental rights – joint financial security, inheritance protections and the dignity of legal recognition.
For now, however, Mbumba’s refusal to yield to calls for criminalisation is a relief. It spares Namibia the disgrace of enacting laws that would have placed it among the most regressive nations on the continent. It is a small, yet significant, stand for basic human dignity.
Recently, he signed into law an amendment to the old Marriage Act, defining ‘spouse’ strictly as a person married to someone of the opposite sex. This legislation effectively outlaws same-sex marriages in Namibia and nullifies the 2023 Supreme Court ruling that recognised same-sex unions performed abroad involving Namibian citizens.
Yet for Ekandjo, this was not enough. His proposed legislation aimed to go further – not just to block same-sex marriages, but to criminalise homosexuality altogether. He envisioned penalties as severe as N$100 000 in fines or up to six years in prison for those who dare to love outside what is considered the norm in Namibia.
Mbumba’s decision does not make him a champion of equality. His approval of the Kawana bill already dealt a significant blow to marriage equality. But in the eyes of many, his stance on Ekandjo’s bills represents a line that Namibia was not willing to cross. The state has denied same-sex couples the legal recognition of marriage, but has not resorted to persecuting them for simply existing.
Of course, for Namibia’s LGBTQI+ community, this is little consolation. The inability to legally marry means being denied fundamental rights – joint financial security, inheritance protections and the dignity of legal recognition.
For now, however, Mbumba’s refusal to yield to calls for criminalisation is a relief. It spares Namibia the disgrace of enacting laws that would have placed it among the most regressive nations on the continent. It is a small, yet significant, stand for basic human dignity.
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Namibian Sun
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