On Tuesday, Namibia’s Supreme Court ruled out that the government must recognizes the unions of same sex couples who are married in their countries where it is legal for them to do so, even though same sex marriage is illegal in Namibia.

The ruling, which was met with some mixed reactions from the country’s residents.

How did the court agree to the ruling?

This was after the court received residency applications of a German woman who married a Namibian woman in Germany, and a south African man who married a Namibian man in south Africa, the only country in Africa that allows same-sex marriage.

However the government refused to give the non-Namibian spouses residency rights in the country, on the grounds that their marriages could not be recognized in Namibia, which evoked the spouses to take legal action.

“The approach of the (interior)ministry to exclude spouses…in a validly concluded same sex marriage…infringes both their interrelated rights to dignity and equality,” the Supreme Court said.

Gay Activist

Namibia’s Gay Activist Linda Baumann welcomed the ruling as step in the right direction.

“Today’s verdict and outcome  clearly indicates that Namibia is moving towards recognizing diversity in this country irrespective of people’s political or social position,” she said.

However, the ruling has been met with criticism, from an opposition political party, Namibia Economic Freedom Fighters, said the Supreme Court was forcing foreign cultural views on Namibians-echoing arguments raised by other African opponents of LGBTQIA rights who call them “un-African.”

Same sex relationship between men is a criminal offence in Namibia, though the law is seldom enforced.

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