In a historical decision marking a significant milestone for the country’s LGBTIQ community, Namibia’s supreme court has affirmed that same-sex marriages conducted abroad will be officially acknowledged, despite same-sex marriage in Namibia remaining illegal. This landmark ruling positions Namibia as only the second African nation, following South Africa, to recognise same-sex marriages.
The momentous judgment arrived just prior to the start of Pride Month and offers a profound sense of relief to Namibian LGBTIQ individuals and their foreign spouses. These couples had previously been denied residency permits under the stringent Immigration Control Act, leaving them with the harsh choices of either exiting Namibia to live together or living separately in different nations.
Carli Schickerling, the lawyer who represented the two same-sex couples in this protracted six-year case, noted that this ruling was long-awaited by the Namibian LGBTIQ community. Although the court’s decision has drawn considerable backlash, indicating the ongoing struggle for equality, it symbolises a sign of progress for the community.
The news of this pivotal ruling was a beacon of hope for Shereleen Januarie-Nicholas, a Namibian residing abroad after marrying her partner. Januarie-Nicholas expressed her joy and anticipation of finally returning to Namibia and living as a recognised couple.
She reflected on her journey, from growing up in Namibia where expressing her sexual preferences was met with societal discrimination, to moving to South Africa where she could freely express her identity. There, she married her partner Claudette in 2020, but only one family member attended the wedding, revealing the cultural and social challenges that the LGBTIQ community in Africa still faces.
The story of Hendrik Potgieter and Daniel Digashu, a couple involved in the case, reflects the long and arduous journey of the fight for equal rights. Overwhelmed by the supreme court ruling, Digashu admitted the struggle was intense, emotionally, physically and financially. The couple found solace in the support of their community, including the Southern Africa Litigation Centre and Namibian Civil Society Organisations.
However, despite the celebratory atmosphere in the wake of this same-sex marriage in Namibia ruling, activists recognise the continued challenges. Wendelinus Hamutenya, the inaugural Mr Gay Namibia, stressed the need to address existing legislation that is set against same-sex relationships.
The prime minister, Saara Kuugongelwa-Amadhila, has announced plans to reinforce anti-gay laws, a move prompted by the Coalition of Christian Churches’ demand to outlaw same-sex marriages. Her party, SWAPO, issued a statement confirming its intent to uphold and enforce laws aimed at preventing and combating acts they deem immoral and indecent.
