The matter in which Friedel Dausab has dragged the Minister of Justice, Yvonne Dausab, to court seeking High Court intervention to nullify and declare the offence of sodomy unconstitutional is set to continue before the High Court next month.

Dausab approached the court further seeking that the offence of unnatural sexual offences, including the crime of sodomy, in Schedule 1 of the Criminal Procedure Act be declared unconstitutional and invalid. 

Attorney General Festus Mbandeka has indicated that he will defend the state.

Mbandeka says that homosexuality presents a highly controversial and emotional question of moral and social policy.

He further argues that for many Namibians, homosexual conduct is immoral and unacceptable.

The matter was postponed by Judge Shafimane Uitele to July 18, pending the Supreme Court ruling in Digashu v. Government of the Republic of Namibia.

The Supreme Court, comprising a full bench, ordered the Namibian government to recognise same-sex marriages that are legally concluded outside Namibia.

One judge dissented, however, agreeing that individuals from the LGBTQI community face discrimination but that it should be the role of the legislative branch to deal with that matter.

The judgement saw protests and condemnation by some groups in the country, who continued to call on parliament to establish a law prohibiting same-sex nuptials.




Emil Xamro Seibeb