The Minister of Home Affairs, Immigration, Safety, and Security, Dr. Albert Kawana, has introduced a new bill aimed at regulating the solemnization of marriages and addressing the validation and recognition of certain marriages.
This bill seeks to clarify and reform Namibia's marriage laws in light of recent judicial rulings.
The bill aims to provide clear definitions and regulations regarding the solemnization of marriages, with a particular focus on validating and recognizing marriages according to Namibian cultural and legal principles.
It follows a Supreme Court ruling in May last year, which declared same-sex marriages conducted in other countries legal.
This decision has sparked widespread debate in Namibia, challenging the existing legal framework that traditionally defines marriage as a union between a man and a woman.
"The bill defines marriage as a legal union between a man and a woman. It also includes provisions for validating marriages under the act and in accordance with the Recognition of Certain Marriages Act of 1991."
It sets forth stringent criteria and procedures to regulate marriages involving Namibian citizens and foreign nationals.
The bill explicitly states that a foreign marriage will only be considered valid in Namibia if it aligns with Namibian laws.
"Marriages between individuals of the same sex, even if valid in their home countries, will not be recognized in Namibia. The bill maintains that marriages between Namibian citizens and foreign nationals must be entered into in good faith. It allows the Ministry to investigate marriages suspected of being conducted for the purpose of acquiring Namibian citizenship or residency. If there is suspicion that a marriage was not conducted in good faith, the Ministry can initiate an investigation, and the marriage will be treated as valid until proven otherwise."
Minister Kawana highlighted that the bill seeks to protect Namibian citizens, especially women, from being exploited through sham marriages.
He noted that there have been numerous cases where Namibian citizens, particularly women, have been deceived into marriages by foreign nationals seeking residency or citizenship.
The bill takes into account Article 14 of the Namibian Constitution, which guarantees the right to marry and form a family, as well as balancing constitutional rights with the need to maintain the integrity of the nation's immigration and marriage laws.
It also revises the designation of marriage officers, including magistrates and members of religious organizations.
Religious ministers must meet specific qualifications and renew their designation within 12 months of the bill's enactment.
This ensures that only authorized and qualified individuals can officiate marriages.
The bill introduces a pre-solemnization process to ensure all legal requirements are met before the marriage is formalized. This includes verifying identification documents, checking for existing marriages, and ensuring necessary consents are obtained.