Marriage Act Passed the Constitutional Test, Says Hangari

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Windhoek: President Nangolo Mbumba signed the Marriage Act into law after thoroughly reviewing the legislation and confirming its compliance with constitutional requirements.



According to Namibia Press Agency, presidential press secretary Alfredo Hengari explained to Nampa why President Mbumba approved the legislation, which has divided public opinion. Late last year, the Head of State signed the Marriage Act, 2024 (Act No. 14 of 2024) into law, which repeals the Marriage Act of 1961, prohibiting same-sex marriages in Namibia, including those solemnised in other countries.



The Marriage Bill was passed in Parliament last year after being tabled in the National Assembly by Albert Kawana, the Minister of Home Affairs, Immigration, Safety and Security. Hengari explained that when a Bill is passed in Parliament, it is submitted to the president through the speaker of the National Assembly. ‘The president then studies the Bill. He looks at a number of factors in consultation with the attorney general and checks the constitutionality of the Bill. It is in that vein that President Nangolo Mbumba ascended the Marriage Act because it passes the constitutional test,’ he said.



When tabling the Bill, Kawana explained that its purpose was to regulate the solemnisation of marriages and define marriage. Hengari stated that the new law aims to safeguard the values and norms of Namibian society. ‘It speaks to the values, the norms, the traditions of Namibia in terms of what constitutes marriage that is between a man and a woman. These are important considerations in lawmaking,’ he explained. He went on to say each country has its own history, values, customs and traditions which form the basis for a cohesive society.



‘President Nangolo Mbumba ascending to that Bill is a reflection of what Namibia is and it’s also about defending such values,’ he added. The introduction and passage of the Bill occurred amidst intense public debate regarding the status of same-sex relationships in Namibia. Some sections of the public view the enactment of the Marriage Act as a significant setback for the LGBTQI community in Namibia, who continue to advocate for legal recognition.



However, Hengari said Namibia remains a highly tolerant country. ‘The country is also committed to respecting the rights of the LGBTQI community and they are not persecuted. They are part of us; we are all one,’ he said.