President Nangolo Mbumba has signed the Marriage Act, 2024 (Act No. 14 of 2024) into law, officially banning same-sex marriages in Namibia.
The law also prohibits the recognition of same-sex unions performed in other countries, firmly defining marriage as a union solely between a man and a woman under both civil and customary laws.
This legislation has sparked significant debate in Namibia, where same-sex marriage has been a contentious issue. Proponents of the law cite moral and cultural values, while opponents view it as a violation of human rights and constitutional protections.
The new Marriage Act builds on legislative efforts by Swapo MP Jerry Ekandjo, who introduced Bills in 2023 aimed at criminalizing the promotion and solemnization of same-sex marriages. These Bills passed with overwhelming support in both the National Assembly and National Council, receiving more than a two-thirds majority without any objections or abstentions.
Beyond the same-sex marriage ban, the Act introduces extensive reforms to marriage procedures, including stricter public notification requirements to combat fraudulent unions. Notices of intended marriages must now be displayed both online and in physical locations for a minimum of 21 days, allowing time for public objections.
The law also prohibits marriage for individuals under 18 and imposes stricter consent rules for those under 21. Young adults aged 18 to 20 require written consent from parents, guardians, or authorized individuals, with provisions for a children’s commissioner to intervene in exceptional cases.
Failure to adhere to the notification or objection processes carries penalties of up to N$10,000 or two years’ imprisonment. Additionally, pre-marriage confirmations are now required and remain valid for 90 days, renewable only once.
Human rights activists and legal experts have condemned the Act, labeling it a significant step backward for LGBTQI+ rights and human dignity. Activist Linda Baumann criticized the legislation for perpetuating discrimination and stigmatization, while legal scholar John Nakuta warned it undermines the Namibian Constitution, particularly Article 14, which guarantees all adults the right to marry and found a family.
Nakuta highlighted the troubling provision that nullifies the recognition of lawful same-sex marriages performed abroad, directly conflicting with a 2022 High Court ruling. “The freedom to marry and form a family goes to the core of human dignity,” he stated.
Legal Assistance Centre director Toni Hancox echoed these sentiments, calling the law a “direct violation of human rights” affecting equality, dignity, and family life.
The law’s enactment follows a broader trend of global debates over LGBTQI+ rights. In a controversial move, new U.S. President Donald Trump recently rolled back protections against gender identity and sexual orientation discrimination, designating only two genders—male and female—and asserting they cannot be changed.
As Namibia enforces its restrictive Marriage Act, calls for advocacy, strategic litigation, and public education continue to grow from human rights organizations committed to equality and justice.
