Speaker of the National Assembly, Saara Kuugongelwa-Amadhila, has informed the house that the former president, Dr Nangolo Mbumba, declined to assent to the Definition of Spouse Bill and the Marriage Amendment Bill, both introduced by Jerry Ekandjo during the 7th Parliament.

Dr. Kuugongelwa-Amadhila explained that the Bills were sent to the President’s office on 23 July and 04 October 2023. However, it was determined that they were passed by a simple majority rather than the two-thirds majority required under Article 56(2) of the Constitution. As a result, presidential assent was not obligatory.

Legal advice obtained by the President’s office further highlighted several concerns. The Bills were found to contain inaccuracies related to the Supreme Court’s ruling in the Digashu case, which reportedly influenced their introduction. The advice also raised concerns over ambiguity and constitutional implications, as well as potential difficulties in interpretation and implementation. It warned that enacting the Bills could lead to fragmented legislation.

Citing these reasons, the President declined to sign the Bills into law in terms of Article 56(3) of the Constitution.

The Bills were part of a legislative effort in response to judicial rulings on the recognition of same-sex marriages in Namibia.