Martin Endjala
The Swapo Party Secretary General, Sophia Shaningwa has expressed her disappointment with Albert Kawana, the Minister of Home Affairs, Immigration, Safety and Security for complying with the ruling of the Supreme Court on the 16th of May 2023 to recognize same-sex marriage from abroad.
This comes after the Ministry announced that it will implement the immigration act as per the Supreme Court Judgement on the treatment of same-sex marriages validly concluded between Namibians and foreign nationals outside Namibia as provided in section 2(1)(c) of the immigration control ACT NO. 7 of 1993.
As a result, Shaningwa yesterday posted questions to Kawana in Parliament and demanded answers by Thursday next week.
She asked why the minister failed to table the notice on 20 June 2023 as per the Central Committee decision of the SWAPO Party to introduce the motion to amend the appropriate law> she was disappointed about the official notice by MHAISS.
“Comrade Minister, this matter being an absolute weapon against the Party, why would you think it’s appropriate that you downplay it, and leave it in the hands of a technocrat, being the Executive Director of your Ministry, who at no means represent nor convey, neither regard our political aspirations, in so far as promoting and maintaining our moral values, to which thousands of Namibian people died fighting,” she asked.
She also wants to know why the Ministry made a public notice on such an immoral matter which the population rejects because there are so many other cases the ministry lost in the courts but never produced public notices.
Shaningwa also wanted to know if the minister comprehends the sensitivity of the matter at hand, and its political implications on the Party that he represents in Parliament.
She also wants to know if the Minister can assure the house and the population out there that a motion to amend the law will be tabled before the end of the current sitting.
Moreover, if the answer is no, she cautioned the Minister that this is pushing for a private member’s Bill to be introduced in the August House under rule 32 sub-rule E (ii).
Meanwhile, in the Swapo Party press statement on the outcome of the extraordinary meeting of its Central Committee which was held on 17 June 2023 on the recent supreme court judgment on the “recognition” of same-sex marriage for purposes of section 2(1)(c) of the immigration control act, which was delivered on 16 May 2023.
Following the judgment, the Central Committee extensively discussed the judgment and its effect on society as a whole and thereby expresses its grave concern and disappointment over the judgment and the uncertainty and confusion it creates, notwithstanding its confinement.
The Central Committee, having carefully considered and reflected on the matter, resolved to direct the government to immediately take executive and legislative steps aimed at introducing a Namibian law-compliant definition of the word “spouse” into the Immigration Control Act.
As well as which definition will inevitably modify (not repeal) the common law principle applied by the Supreme Court only for purposes of section 2(1)(c) of the Act.
The Swapo Party stood its ground and strongly condemned and repudiated all kinds of immoral and indecent acts and other associated acts that are either inconsistent with Namibian laws or against public policy.
It further directed its government to enforce all laws in force that are aimed at preventing and combatting such acts.
Shaningwa’s accused the Minister of not upholding the CC’s directives.
