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Namibia Supreme Court rules government must recognize same-sex marriages from abroad

Plaintiff couples sought spousal immigration rights

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(Bigstock photo)

A landmark ruling the Supreme Court of Namibia issued on Tuesday ruled that same-sex marriages conducted outside the southern African country should be recognized by the Namibian government. 

Two same-sex couples have emerged victorious in their fight for the recognition of their marriages conducted outside Namibia in a ruling that paves the way for equal rights and spousal immigration benefits for same-sex couples in the country.

The joint cases, initially brought before the court in March, involved South African national Daniel Digashu who is married to Namibian citizen Johann Potgieter, and German national Anita Seiler-Lilles, who is married to Namibian citizen Anette Seiler. 

The couples aimed to access essential spousal immigration rights, including permanent residence and employment authorization.

Both couples expressed relief following the ruling. 

“I feel like a huge weight has been lifted off of our shoulders. I feel that I can continue with life now, in a sense,” Digashu said. “I cannot explain just how relieved I am that we won’t have to make plans to leave. Now we can stop for a moment and breathe, and take things easy and just know that we are home and there is no potential of being forced to leave.”

For her part, Seiler said after a sleepless night in anticipation of the ruling, she and her wife look forward to celebrating a dream come true. 

“We are married and we promised each other that we will stay together no matter what and that promise we’ve upheld through this fight for this recognition of our marriage,” Seiler said. “We would’ve stayed together no matter what but we can stay together here in this beautiful country and we can make it our home country. That was Anita’s biggest wish and that’s my wish as well, and now this wish comes true. It’s so incredible.”

The Supreme Court’s ruling challenged a previous precedent set by the Immigration Selection Board. While acknowledging the binding nature of the precedent, the court asserted that it can depart from its own decisions if they are proven to be clearly wrong.

The court ruled that the Home Affairs and Immigration Ministry’s refusal to recognize same-sex marriages validly concluded outside Namibia violates the constitutional rights of the affected parties.

Furthermore, the court emphasized that the rights to dignity and equality are interconnected, and the denial of recognition for same-sex marriages undermines these fundamental principles. It reaffirmed the principle that if a marriage is lawfully concluded in accordance with the requirements of a foreign jurisdiction, it should be recognized in Namibia.

This ruling represents a significant milestone in the fight for LGBTQ and intersex rights in Namibia. By expanding the interpretation of the term “spouse” in the Immigration Control Act to include same-sex spouses legally married in other countries, the court has taken a crucial step toward achieving equality and inclusivity.

One of the five judges who heard the two appeals dissented from the majority ruling. 

He argued that Namibia is under no obligation to recognize marriages that are inconsistent with its policies and laws, emphasizing the traditional understanding of marriage and the protection of heteronormative family life.

The dissenting opinion highlights the ongoing divisions and complexities surrounding the issue of marriage equality in the country. While it underscores the need for continued dialogue and debate, the majority decision in favor of recognizing same-sex marriages highlights the importance of constitutional rights and the principle of equality. 

Southern African Litigation Center Executive Director Anneke Meerkotter commended the court’s decision. 

“The Namibian Supreme Court has set an important example, interpreting legislation in accordance with the core principles of constitutional interpretation and independent adjudication, thus avoiding irrelevant considerations relating to public opinion and unfounded allegations raised by the government about public policy,” Meerkotter said. “Instead, the court steered the argument back to the history of discrimination in Africa and the necessary constitutional reforms that emphasized transition to dignity and equality without discrimination.”

Speaking on what the ruling means for the LGBTQ and intersex community in Namibia, Seiler said it provides hope and inspiration not only to the couples involved but also to the broader community in Namibia and on the continent. 

“We know that we fought this battle not only for us. In the beginning we were fighting it for us, but then we realized it’s not only for us, it’s for other people as well. I’m glad that we did it, that we fought this fight,” she said. 

Both Seiler and Digashu said the support of the LGBTQ and intersex community and its allies has been a pillar of strength over the 6-year battle with the courts. 

“It has always been about the community because we deserve to have it all without being put down or being told this is not allowed. So, I think this is a big win for the community as a whole. It’s not about us, or just our families. It’s for absolutely everyone!” Digashu said.

Omar van Reenen, co-founder of Equal Namibia, a youth-led social movement for equality, said the ruling has strengthened the promise of equality and freedom from discrimination in the country. 

“The Supreme Court really made a resounding decision. It just feels like our existence matters — that we belong and that our human dignity matters,” he said. “The Supreme Court … has upheld the most important thing today and that is the constitution’s promise that everyone is equal before the law and that the rights enshrined in our preamble reign supreme, and equality prevails.” 

As the Supreme Court is the highest court in Namibia, decisions made in this court are binding on all other courts in the country unless it is reversed by the Supreme Court itself or is contradicted if Parliament passes a law that is enacted.

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Africa

LGBTQ groups question US health agreements with African countries

Community could face further exclusion, government-sanctioned discrimination

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The White House commemorates World AIDS Day in 2023. Health agreements the U.S. has signed with Uganda, Kenya, and other countries have sparked concern among queer rights groups. (Washington Blade photo by Michael Key)

Some queer rights organizations have expressed concern that health agreements between the U.S. and more than a dozen African countries will open the door to further exclusion and government-sanctioned discrimination.

The Trump-Vance administration since December has signed five-year agreements with Kenya, Uganda, and other nations that are worth a total of $1.6 billion. 

Kenyan and Ugandan advocacy groups note the U.S. funding shift from NGO-led to a government-to-government model poses serious risks to LGBTQ people and other vulnerable populations in accessing healthcare due to existing discrimination based on sexual orientation.

Uganda Minority Shelters Consortium, Let’s Walk Uganda, the Kenya Human Rights Commission, and the Center for Minority Rights and Strategic Litigation note the agreements’ silence on vulnerable populations in accessing health care threatens their safety, privacy, and confidentiality.

“Many LGBTQ persons previously accessed HIV prevention and treatment, sexual and reproductive health services, mental health support, and psychosocial care through specialized clinics supported by NGOs and partners such as USAID (the U.S. Agency for International Development) or PEPFAR,” Let’s Walk Uganda Executive Director Edward Mutebi told Washington Blade.

He noted such specialized clinics, including the Let’s Walk Medical Center, are trusted facilities for providing stigma-free services by health workers who are sensitized to queer issues.    

“Under this new model that sidelines NGOs and Drop-in Centers (DICs), there is a high-risk of these populations being forced into public health facilities where stigma, discrimination, and fear of exposure are prevalent to discourage our community members from seeking care altogether, leading to late testing and treatment,” Mutebi said. “For LGBTQ persons already living under criminalization and heightened surveillance, the loss of community-based service delivery is not just an access issue; it is a full-blown safety issue.”

Uganda Minority Shelters Consortium Coordinator John Grace said it is “deeply troubling” for the Trump-Vance administration to sideline NGOs, which he maintains have been “critical lifelines” for marginalized communities through their specialized clinics funded by donors like the Global Fund and USAID. 

USAID officially shut down on July 1, 2025, after the White House dismantled it.

Grace notes the government-to-government funding framework will impact clinics that specifically serve the LGBTQ community, noting their patients will have to turn to public systems that remain inaccessible or hostile to them.

“UMSC is concerned that the Ugandan government, under this new arrangement, may lack both the political will and institutional safeguards to equitably serve these populations,” Grace said. “Without civil society participation, there is a real danger of invisibility and neglect.” 

Grace also said the absence of accountability mechanisms or civil society oversight in the U.S. agreement, which Uganda signed on Dec. 10, would increase state-led discrimination in allocating health resources.

Center for Minority Rights and Strategic Litigation Legal Manager Michael Kioko notes the U.S. agreement with Kenya, signed on Dec. 4, will help sustain the country’s health sector, but it has a non-binding provision that allows Washington to withdraw or withhold the funding at any time without legal consequences. He said it could affect key health institutions’ long-term planning for specialized facilities for targeted populations whose independent operations are at stake from NGOS the new agreement sidelines.

“The agreement does not provide any assurance that so-called non-core services, such as PrEP, PEP, condoms, lubricants, targeted HIV testing, and STI prevention will be funded, especially given the Trump administration’s known opposition to funding these services for key populations,” Kioko said.

He adds the agreement’s exclusionary structure could further impact NGO-run clinics for key populations that have already closed or scaled down due to loss of the U.S. funding last year, thus reversing hard-won gains in HIV prevention and treatment.  

“The socio-political implications are also dire,” Kioko said. “The agreement could be weaponized to incite discrimination and other LGBTQ-related health issues by anti-LGBTQ voices in the parliament who had called for the re-authorization of the U.S. funding (PEPFAR) funding in 2024, as a political mileage in the campaign trail.”

Even as the agreement fails to safeguard specialized facilities for key populations, the Kenya Human Rights Commission states continued access to healthcare services in public facilities will depend on the government’s commitment to maintain confidentiality, stigma-sensitive care, and targeted outreach mechanisms.

“The agreement requires compliance with applicable U.S. laws and foreign assistance policies, including restrictions such as the Helms Amendment on abortion funding,” the Kenya Human Rights Commission said in response to the Blade. “More broadly, funded activities must align with U.S. executive policy directives in force at the time. In the current U.S. context, where executive actions have narrowed gender recognition and reduced certain transgender protections, there is a foreseeable risk that funding priorities may shift.”

Just seven days after Kenya and the U.S. signed the agreement, the country’s High Court on Dec. 11 suspended its implementation after two petitioners challenged its legality on grounds that it was negotiated in secrecy, lacks proper parliamentary approval, and violates Kenyans’ data privacy when their medical information is shared with America. 

The agreement the U.S. and Uganda signed has not been challenged.

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Senegal

A dozen Senegalese men arrested for ‘unnatural acts’

Popular journalist and musician among those taken into custody

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(Image by xileodesigns/Bigstock)

Senegalese police have charged a dozen men with committing “unnatural acts.”

The New York Times reported Pape Cheikh Diallo, a popular television reporter, and Djiby Dramé, a musician, are among the men who authorities arrested. They appeared in court in Dakar, the Senegalese capital, on Monday.

Le Soleil, a Senegalese newspaper, reported authorities arrested the men on Feb. 6 “for intentional transmission of HIV, unnatural acts, criminal conspiracy, and endangering others.” The newspaper further notes the men have been placed in “pre-trial detention.”

Senegal is among the countries in which consensual same-sex sexual relations remain criminalized.

Police in Kaolack, a town that is roughly 135 miles southeast of Dakar, in 2015 arrested 11 people who allegedly engaged in same-sex sexual acts during “a celebration of a gay marriage.” The National Assembly in 2021 rejected a bill that would have further criminalized homosexuality in the country.

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Uganda

LGBTQ Ugandans targeted ahead of country’s elections

President Yoweri Museveni won 7th term in disputed Jan. 15 vote

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Barely a week after Ugandan President Yoweri Museveni secured a 7th term in an election marred by state violence, intimidation, and allegations of fraud, the country’s queer community spoke about how the election environment impacted it.

The LGBTQ lobby groups who spoke with the Washington Blade noted that, besides government institutions’ failure to create a safe and inclusive environment for civic participation by all Ugandans, authorities weaponized the Anti-Homosexuality Act to silence dissent and discourage queer voter engagement.

The rights groups note that candidates aligned with Museveni’s ruling National Resistance Movement — including Parliament Speaker Anita Among — during the campaigns accused their rivals of “promoting homosexuality” to discredit them while wooing conservative voters. 

Queer people and LGBTQ rights organizations as a result were largely excluded from the formal political processes for the election as voters, mobilizers, or civic actors due to fear of exposure, stigma, violence, and legal reprisals. 

“This homophobic rhetoric fueled public hostility and emboldened vigilante violence, forcing many queer Ugandans into deeper hiding during the election period,” Uganda Minority Shelters Consortium Coordinator John Grace stated.

Some queer people had expressed an interest in running for local council seats, but none of them formally registered as candidates or campaigned openly because of safety concerns and local electoral bodies’ discriminatory vetting of candidates.

“UMSC documented at least three incidents of election-related violence or intimidation targeting LGBTQ+ individuals and activists,” Grace noted. “These included harassment, arbitrary detentions, extortions by state and non-state actors, digital cat-fishing, and threats of outing.” 

Amid such a militarized and repressive election environment, Let’s Walk Uganda Executive Director Edward Mutebi noted queer-led and allied organizations engaged in the election process through restricted informal voter education, community discussions, and documenting human rights violations. 

“Fear of backlash limited visibility and direct participation throughout the election cycle,” Mutebi said. “But despite the hostile environment of work, Let’s Walk Uganda was able to organize a successful transgender and gender diverse youth training on electoral security and safety.” 

Museveni’s government escalated its repressive actions during the Jan. 15 elections by shutting down the internet and suspending nine civil society organizations, including Chapter Four Uganda and the National Coalition of Human Rights Defenders, for allegedly engaging in activities that are prejudicial to the security and laws of the country. 

The suspension of the rights organizations remains in force, an action both Mutebi and Grace condemn. They say it prevents queer Ugandans from accessing urgent services from the affected groups.

“For the LGBTQ community, the impact has been immediate and deeply harmful. Many of the suspended organizations, like Chapter Four Uganda, were critical partners in providing legal representation, emergency response, and documentation of rights violations,” Grace said.

This has compelled UMSC and its other partners to handle increased caseloads with limited resources, while navigating heightened scrutiny and operational risk. 

“The suspension has disrupted referral pathways, delayed urgent interventions, and weakened collective advocacy for marginalized groups and minority rights defenders, which calls for urgent international solidarity, flexible funding, and protection mechanisms to safeguard the work of grassroots organizations operating under threat,” Grace stated. 

Mutebi warned that such repressive actions are tyrannical and are indicative of shrinking civic space, which undermines democratic accountability as the promotion and protection of human rights is ignored.

With Museveni, 81, extending his tenure at State House from a landslide win of 72 percent, UMSC and LWU consider a bleak future in the protection of rights for queer Ugandans and other minority groups.

“Without significant political and legal shifts, LGBTQ persons will face continued criminalization, reduced civic space, and heightened insecurity, making sustained advocacy and international solidarity more critical than ever,” Mutebi said. “ It is unimaginable how it feels to live in a country with no hope.”

Grace, however, affirmed the resistance by local queer lobby groups will continue through underground networks, regional solidarity, and digital organizing.

The duo noted that a win by Museveni’s main challenger and rapper, Bobi Wine, who only managed 24 percent of the total votes cast, could have enabled the opening up of civil space and human rights protections in Uganda. 

Wine, for his part, spoke in favor of the respect for the rule of law and human rights during his campaign.

“While Bobi Wine’s past stance on LGBTQ rights was inconsistent, his recent shift toward more inclusive rhetoric and international engagement suggested a potential opening for dialogue,” Grace said. “A win might have created space for policy reform or at least reduced state-sponsored homophobia, though structural change would still require sustained pressure and coalition-building.”

Mutebi stated that a change in Uganda’s leadership to a youthful leader like Wine could have offered an opening, but not a guarantee for progress on inclusion and human rights. Mutebi added existing institutionalized and societal homophobia remain in place.

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