Namibia’s President, Nangolo Mbumba, has officially signed the Marriage Act of 2024 (Act No. 14 of 2024) into law, introducing significant reforms while prohibiting same-sex marriages and the recognition of such unions, even if legally performed abroad.
The legislation strictly defines marriage as a union between a man and a woman, excluding same-sex couples from legal recognition under both civil and customary laws. This decision follows extensive debate in the country and among lawmakers.
In July 2023, Swapo Member of Parliament Jerry Ekandjo tabled bills in the National Assembly aiming to criminalize the promotion and solemnization of same-sex marriages and redefine the term “spouse.” These bills gained overwhelming support, passing in both the National Assembly and the National Council without a single objection or abstention.
This move comes after Namibia’s High Court overturned colonial-era laws criminalizing same-sex relationships last year. Critics argue that the new Act contradicts this progressive step, while proponents cite moral and cultural grounds for the prohibition.
The new Marriage Act also introduces stricter public notification requirements for intended marriages to prevent fraudulent unions and increase transparency. Under the new rules:
- Public notices of intended marriages must be displayed both online and at designated physical locations.
- Notices must include the names, birthdates, and contact information of the spouses, as well as the date and location of the marriage.
- The minimum notification period is 21 days, during which the public can lodge objections.
Couples may apply for a waiver of this period under special circumstances, which must be reviewed by the registrar general within five days. Failure to adhere to these provisions could result in fines of up to N$10,000, imprisonment of up to two years, or both.
Additionally, a pre-marriage confirmation, valid for 90 days, is now mandatory before a wedding can proceed. This confirmation can only be renewed once for an additional 90 days.
The Act prohibits marriages involving individuals under the age of 18 and introduces stricter consent requirements for those aged 18 to 20. Parental or legal guardian consent is required, and in cases of refusal, a children’s commissioner may approve specific conditions.
Human rights activists and legal experts have condemned the Act, describing it as a setback for equality and human rights. Activist Linda Baumann stated that the legislation institutionalizes discrimination, undermines family rights, and perpetuates stigma against LGBTQI+ individuals.
Human rights lawyer John Nakuta argued that the Act violates Namibia’s Constitution, particularly Article 14, which grants all men and women of legal age the right to marry and start a family. Nakuta also criticized the provision that denies recognition of same-sex marriages legally performed abroad, stating it overrides the Supreme Court’s rulings from the previous year.
Toni Hancox, Director of the Legal Assistance Centre, called the law a direct violation of human rights, affecting the rights to equality, dignity, and family. The new Act has drawn parallels to global developments, with activists pointing to recent executive orders in the United States under Donald Trump’s administration, which rolled back protections for gender identity and sexual orientation.
As the debate intensifies, human rights groups are mobilizing for legal challenges, public advocacy, and strategic litigation to oppose the Act and promote inclusivity in Namibia’s legal framework.
