The Independent Patriots for Change (IPC) political party is of the view that the recent ruling by the Supreme Court of Namibia on same-sex marriages was wrong and repugnant and not consistent with the laws of Namibia, therefore it must be overturned through a referendum.
The Supreme Court in a landmark judgement delivered on 16 May 2023 ruled that couples in same-sex marriages which were entered into in other countries must be recognized as lawfully-married and must be afforded by the Namibian State all benefits as are applicable to all other ordinary marriages.
While the IPC cautions the public and institutions not to attack the integrity of the judiciary or engaging in activities intended to undermine its authority, the party believes that the ruling of the highest court in Namibia was not based on sound reasoning and that it was indeed a violation of the Namibian Constitution.
“The Independent Patriots for Change, on the basis of a carefully evaluated and perused judgement [of the Supreme Court] arrived at the conclusion that the Honourable Supreme Court Judges potentially committed a Gross Patent Error of Judgement.
“As such the Independent Patriots for Change does not in any manner support the basis upon which their Lordships relied to reach such a repugnant decision premised on non-existent Common Law Principles in our Jurisdiction,” IPC said in a 29-page document dated 25 May 2023.
The IPC stated that by importing foreign common law principles the Supreme Court “seriously undermined the sovereignty of our Judicial System and made it subordinate to a foreign commonwealth country’s court, in a common law jurisdiction.”
“In the light of the serious violation of the Namibian Constitution, the Independent Patriots for Change shall support the Proclamation of a National Referendum as the only, legitimate superior act of the Sovereign in which the people of Namibia may exercise their authority in which ‘All power’ is vested.
“It is the only possible avenue to seek to overturn the judgement. This given the pronouncement of their Lordship against the principles of the will of democratic majority and their stated implicit duty to protect the right of the minority albeit contrary to Article 22.”
The IPC further also calls for a “careful approach to the inquiry into how and why their Lordships reached such a conclusion in ordering the recognition of foreign same-sex marriages” contrary to and in violation of Articles 14, 22, 25 and 81 of the Namibian Constitution.
In the photo: The embattled Chief Justice of Namibia Justice Peter Shivute and IPC’s leader Dr. Panduleni Itula.