The Ministry of Home Affairs and Immigration denied the residency permits of foreign nationals married to Namibians in same-sex marriages. The Supreme Court of Namibia found that the denial unfairly discriminated against the couples and infringed on their constitutional right to dignity and equality.
The Court ordered the Ministry of Home Affairs and Immigration to recognize same-sex spouses under the Immigration Control Act. However, the Attorney-General Festus Mbandeka announced in a press release that the government was going to conduct a legal assessment of the decision’s implications before providing an official government response. On June 6, 2023, Prime Minister Saara Kuugongelwa-Amadhila announced in Parliament that the government would introduce a bill to modify the common law principles that enabled same-sex marriages valid in another country to be recognized in Namibia. Ultimately, in late June, the Executive Director of the Ministry of Home Affairs stated that the Ministry will comply with the judgment and acknowledged the independence of the courts.
This case is a landmark decision for the rights of couples in same-sex marriages to live and work in Namibia. Namibia does not recognize the right to same-sex marriage and still has laws condemning homosexuality. This decision opens the door for the expansion of LGBTQI+ rights within Namibia as institutions come to understand the implications of the Supreme Court’s ruling.
For their contributions, special thanks to ESCR-Net member: the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.
Southern Africa Litigation Centre (SALC)
