Namibia’s Supreme Court delivered a historic ruling on Tuesday by officially recognizing same-sex marriages that were contracted abroad between Namibian citizens and foreign spouses. This decision marks a significant milestone in a country where homosexuality remains illegal. The Supreme Court’s ruling overturns a previous decision made by the High Court, which had refused to acknowledge same-sex marriages conducted outside of Namibia.
The case was brought forward by Annette Seiler, who is married to German national Anita Seiler-Lilles, and Namibian citizen Johann Potgieter, who is married to his South African husband, Matsobane Daniel Digashu. Their marriages were respectively solemnized in Germany and South Africa. The couple’s plight began when the Namibian Ministry of Home Affairs and Immigration denied permits to their same-sex foreign spouses, leading them to seek legal recourse.
In its ruling, the Supreme Court stated, “This Court has determined that the Ministry’s approach, which excludes spouses, including the appellants, in a validly concluded same-sex marriage, violates the interconnected rights to dignity and equality of the appellants.” The decision underscores the significance of upholding the rights of same-sex couples and affirming their equal status.
Namibia has witnessed a series of legal battles concerning the rights of same-sex couples to marry, have children, and immigrate. However, homosexuality remains illegal in Namibia under a seldom-enforced sodomy law dating back to 1927, which was enacted during the country’s period under South African rule.
In contrast, South Africa stands as the only African nation that allows gay marriage, having legalized it in 2006 under its progressive post-apartheid constitution. The recognition of same-sex marriages in Namibia holds particular significance given the disparity between the two neighboring countries’ legal stances on LGBTQ+ rights.
Earlier this year, the Supreme Court also made headlines when it overturned a lower court’s decision to grant citizenship to a four-year-old son of a gay couple. The child was born in South Africa through surrogacy, sparking a legal battle that highlighted the complexities surrounding LGBTQ+ rights and family dynamics in Namibia.
