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Summary
President Mbumba has signed the Marriage Act of 2024 into law. This act prohibits same-sex marriages and their recognition while introducing stricter marriage announcement procedures, penalties for non-compliance, and age-based consent requirements in Namibia.
Namibia’s President, Nangolo Mbumba, has signed into law the Marriage Act 2024 (Act No. 14 of 2024), which explicitly prohibits same-sex marriages and their recognition, even if legally performed in other countries. The new legislation defines marriage strictly as a union between a man and a woman under civil and customary laws. This move has sparked new debates on human rights and morality in the country.
The issue of same-sex marriage has been highly contentious in Namibia. In 2023, Swapo MP Jerry Ekandjo introduced bills in the National Assembly to criminalise the promotion and solemnisation of same-sex marriages and redefine the term “spouse.” Despite the High Court ruling in the same year that overturned colonial-era sodomy laws, the bills were passed by the National Assembly and National Council with a two-thirds majority, without objection or abstention.
The Act introduces stricter procedures for announcing marriages to enhance public awareness and prevent fraudulent unions. Unlike the previous law, which required physical notices at magistrate offices or churches, the new law mandates that public notices be displayed online, in physical locations, or via platforms designated by the minister. Notices must include full details of the intending spouses and be displayed for at least 21 days, allowing time for objections.
Failure to comply with the notification or objection process may result in fines of up to N$10,000 or imprisonment of up to two years.
The Act also bans marriage for individuals under 18 and sets stricter consent requirements for those aged 18 to 20. These individuals must obtain written consent from parents, legal guardians, or authorised officials. In cases where consent is refused, a children’s commissioner may intervene under specific conditions.
The legislation introduces a pre-marriage confirmation, valid for 90 days and renewable only once, which is required before a marriage can take place. This aims to ensure transparency and prevent unauthorised unions.
The prohibition of same-sex marriage and the refusal to recognise such unions has drawn criticism from LGB+ advocates, with supporters citing morality and critics calling it a human rights violation.
