Recognition of same-sex unions in Namibia
However, a bill seeking to overturn the ruling passed the Parliament of Namibia in September 2023 and was signed into law by President Nangolo Mbumba in October 2024.[4] Early Europeans to visit modern-day Namibia, including anthropologists, ethnologists and priests, reported "same-sex marriage ceremonies" among the Ovambo, Nama, Herero and Himba peoples.Ethnologist Carlos Estermann mentioned that there were people fulfilling a third gender role in Ovambo society, known as kimbanda, who "recruited exclusively among men [who] are few and feared and their activity is surrounded by profound mystery"."An esenge [singular of omasenge] is essentially a man who has been possessed since childhood by a spirit of female sex, which has been drawing out of him, little by little, the taste for everything that is masculine and virile.[5][6] Fulk reported that, "As a rule the relationship thus entered upon primarily implies deep friendship and mutual assistance, especially in economic matters.[27][26] In January 2018, officials granted the couple's application to allow Digashu and their son to enter Namibia, as the High Court continued to review their case.[28][15] Judges Hannelie Prinsloo, Orben Sibeya and Esi Schimming-Chase heard oral arguments in the combined court case on 20 May 2021.[32][33][34] On 16 May 2023, it ruled 4–1 that, due to constitutional guarantees of equality and dignity, the government must recognise same-sex marriages concluded outside of Namibia for residency purposes.[37] In their majority opinion, Justices Peter Shivute, Dave Smuts, Petrus Damaseb and Elton Hoff wrote:[38] We accordingly conclude that the approach of the Ministry to exclude spouses, including Mr Digashu and Ms Seiler-Lilles, in a validly concluded same-sex marriage from the purview of s 2(1) of the Act infringes both their interrelated rights to dignity and equality.The Council of Churches in Namibia released a statement calling on legislators to ban same-sex marriage, describing it as "contrary to Namibian culture".Further, it would make celebrating, witnessing, promoting or propagating a same-sex marriage a criminal offence punishable with up to six years' imprisonment and fines of up to N$100,000 ($5,500), which opponents of the bill described as a "clear violation of freedom of speech".[1] Hage Geingob, who served as president until his death in February 2024, stated his opposition to same-sex marriage in July 2023 but expressed "caution" about the bill's constitutionality.Very worryingly, that provision overrides the Supreme Court's ruling of last year as it relates to the couples married in South Africa and in Germany, whose same-sex marriages are legally recognised.[…] The freedom of choice, and so forth, and one can go on, but most importantly, it goes to the very crux of human dignity, not to allow people to be who they are and want to be.In 2018, lawyer Anita Grobler from Otjiwarongo and her South African spouse Susan Jacobs, together for over 25 years, filed a lawsuit in the High Court to have their 2009 South African marriage recognized in Namibia and to obtain residency rights for Jacobs."[49] In March 2022, Supreme Court Chief Justice Peter Shivute ordered the Ministry of Home Affairs to re-evaluate the application for residency of Delgado.Since Yvonne Dausab became the Minister of Justice in 2020, the SWAPO-led government has softened its position, suggesting that the cabinet discuss scrapping the sodomy law.[54][46] Of the other parties represented in the Parliament of Namibia, the Christian Democratic Voice (CDV) and the Namibian Economic Freedom Fighters (NEFF) are staunchly opposed to same-sex marriage.[67] Agapitus Hausiku, the director of OutRight Namibia, expected a negative reaction from the Namibian Catholic Bishops' Conference, but welcomed the "ongoing discussion around same-sex marriages and the Christian faith".[68] A 2024 Afrobarometer survey showed that 22% of Namibians agreed that "people should have the right to marry whoever they choose no matter the gender of their partners", while 68% disagreed and 10% were undecided or had refused to answer.
Same-sex marriage
Limited recognition (foreign residency rights)
No recognition of same-sex couples
Same-sex sexual activity illegal
Prison but not enforced
Prison
Death penalty on books but not enforced
Enforced death penalty
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