Namibia, where homosexuality is still officially prohibited, on Thursday (January 20th) refused to recognize the rights of gay couples married abroad, rejecting a legal challenge from two same-sex couples.
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The sodomy law dating from 1927 prohibits homosexuality in this southern African country, even if in practice it is rarely applied today. South Africa has been the only African country to allow same-sex marriage since 2006. Johann Potgeiter, Namibian, married South African Daniel Digashu in 2015. And Namibian Anette Seiler married in 2017 Anita Seiler-Lilles, a German. Namibian law states that a foreign spouse legally married to a Namibian can reside and work in the southern African country without a permit. The two couples had appealed to the High Court of Namibia for the same rule to apply to foreign spouses of gay couples.
But Justice Hannelie Prinsloo said she was bound by a 20-year-old Supreme Court ruling banning same-sex marriage in Namibia.
In a 60-page long decision, however, she set out arguments in favor of recognizing gay marriage.
"
It's as if the court was explaining to the Supreme Court the reasons why we should win on appeal
," said the lawyer for the couples who took legal action, Me Carli Schlickerling.
They have expressed their intention to appeal to the Supreme Court.
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In recent years, the Namibian justice system has regularly been called upon to rule on the union, the presence on the territory or the education of the children of homosexual couples.
In October, the country granted citizenship to a child of a gay couple, ending a legal battle over the rights of same-sex parents and children born to surrogate mothers.
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