Same-sex marriages: Namibia’s new life with foreign spouses

Namibia’s Supreme Court on Tuesday May 16th, 2023 recognised same-sex marriages contracted abroad between citizens and foreign spouses, a landmark ruling in a country where homosexuality is illegal.

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The decision is against a ruling that was reached in 2022 by the court

The decision overturns a ruling reached last year by the High Court, which refused to accept same-sex marriages concluded outside Namibia.
Two Namibian nationals had sought recourse from the courts after the Ministry of home affairs and Immigration refused to grant permits to same-sex foreign spouses whom they had married outside the country.

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“This Court accordingly found that the approach of the Ministry to exclude spouses, including the appellants, in a validly concluded same-sex marriage… infringes both the interrelated rights to dignity and equality of the appellants,” the ruling said.

Annette Seiler, who is married to German national Anita Seiler-Lilles, brought the case along with Namibian citizen Johann Potgieter and his South African husband, Matsobane Daniel Digashu.

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Their same-sex marriages were respectively concluded in Germany

Namibia has seen a flurry of court cases on the rights of same-sex couples to marry, become parents and immigrate.
Homosexuality is illegal in Namibia under a rarely-enforced 1927 sodomy law dating to its period under South African rule.

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South Africa, under its liberal post-apartheid constitution, is the sole African nation which allows gay marriage, legalised in 2006. However, in March this year, the same paramount court overturned a decision by a lower court to grant citizenship to a gay couple’s four-year-old son who was born in neighbouring South Africa through surrogacy.

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