Namibia - July 2023

In July, majorities in both houses of Namibia’s parliament voted in favour of two bills purporting to override a ruling from the country’s Supreme Court in May 2023 that recognised same-sex marriages performed abroad. The draft legislation prohibits same-sex marriage, including those conducted abroad, by defining ‘marriage’ and ‘spouse’ in heterosexual terms and by criminalising the solemnisation, participation in, promotion, or advertisement of same-sex marriage in Namibia. Both bills were introduced in the National Assembly (the lower house) on 7 July as private members bills by a member of the governing SWAPO Party, before being passed by the Assembly on 12 July and the National Council (the upper house) on 19 July. Before becoming law, the bills will need to be approved once more by the National Assembly and signed by Namibia’s President. The speed of the legislative process was criticised by the country’s Ombudsman, who said that it prevented the necessary public scrutiny. Legal experts have also questioned the constitutionality of the bills.      

Update: On 13 March 2025, the Minister of Presidential Affairs, Christine //Hoebes, announced to parliament that President Nangolo Mbumba had declined to sign the private member bills, citing concerns about the constitutional implications of the bills, which had not been subjected to a constitutionality review or drafting guidance. The bills were passed by parliament and sent to the president for signature in September 2023. In December 2024, Namibia enacted the Marriage Act, which outlawed same-sex marriage, whether concluded in Namibia or abroad, and excluded the marriage rights of heterosexual transgender persons.      

Sources: Marriage Amendment Private Members Bill, Definition of Spouse Private Members Bill, International IDEA, The Namibian (1), The Namibian (2), The Namibian (3), Southern Africa Litigation Centre, The Namibian (4), New Era, International IDEA