Same-sex marriage is not legal in Namibia. On 16 May 2023, the Supreme Court ruled 4–1 that same-sex marriages concluded outside of Namibia should be recognised for residency purposes. A bill seeking to overturn the ruling and criminalise advocacy for same-sex marriage passed the Parliament of Namibia in September 2023, but was not signed into law by President Nangolo Mbumba. Nevertheless, Mbumba signed a new marriage law in October 2024 that explicitly defines marriage in heterosexual terms.

Background The Marriage Act (Act 25 of 1961), enacted by the Parliament of South Africa when Namibia was still South West Africa, did not explicitly prohibit the recognition of same-sex marriages or define marriage. However, it generally referred to married spouses as "husband" and "wife". When Namibia became independent in 1990, it retained all South African laws unless explicitly repealed or modified by new legislation. In 2024, the Parliament of Namibia enacted the Marriage Act (Act 14 of 2024), which contains an explicit prohibition on marriages between people of the same sex. As same-sex marriages and civil unions are not performed in Namibia, same-sex couples do not have access to the legal rights, benefits and obligations of marriage, including protection from domestic violence, adoption rights, tax benefits and inheritance rights, among others. However, couples can ensure that property is divided fairly upon dissolution of the relationship or death of one partner by signing a written contract and a will. The contract must include an agreement of mutual duty of support and information on which partner owns what property and how it should be divided upon separation.

The Constitution of Namibia does not explicitly permit same-sex marriages. Article 14(1) states that men and women of marriageable age may enter into marriage irrespective of their race, colour, religion, ethnicity, creed, social or economic status, or nationality. Furthermore, men and women are entitled to the same rights and obligations, whether during the marriage or at its dissociation. Article 14(3) places the family as the "natural and fundamental unit of society", entitled to special protection by the State. Article 14(2) states:

John Walters, the Ombudsman of Namibia, expressed support for same-sex marriage in August 2016.Let gays be – Walters The Namibian SWAPO, the ruling party since independence, is opposed to same-sex marriage. Since Yvonne Dausab became the Minister of Justice in 2020, the SWAPO-led government has softened its position, suggesting that the cabinet discuss scrapping the sodomy law. Of the other parties represented in the Parliament, the Christian Democratic Voice (CDV) and the Namibian Economic Freedom Fighters (NEFF) are staunchly opposed to same-sex marriage. The Popular Democratic Movement (PDM) is ambivalent on the issue.

Court cases

Chairperson of the Immigration Selection Board v Frank and Another In the late 1990s, Elizabeth Khaxas and her German partner Erna Elizabeth Frank sued to have their lesbian relationship recognised in Namibia. Namibian law grants residency and citizenship to foreign nationals who marry Namibian citizens. However, as the couple's same-sex relationship was not recognised by law, Frank could not obtain permanent residency or citizenship. She applied for a permanent residence permit with the Immigration Selection Board twice, in 1996 and 1997. The Board rejected the application both times. The High Court ruled in favor of the couple in 1998, directing the Board to issue a residence permit to Frank. The Board appealed the decision to the Supreme Court. In Chairperson of the Immigration Selection Board v Frank and Another on 5 March 2001, the Supreme Court held that:

While the court ruled that Frank should be granted a permanent residence permit, which she received a year later, it did not rule in favour of recognising same-sex relationships by law.

Digashu and Seiler-Lilles cases Proceedings and ruling In December 2017, Johann Potgieter and his South African husband Matsobane Daniel Digashu filed a lawsuit in the High Court, Digashu v Government of the Republic of Namibia, to have their marriage recognised in Namibia. The couple had married in South Africa in 2015, but Digashu was not recognised as Potgieter's spouse by the Namibian Government, causing several legal and bureaucratic problems as he could not receive permanent residency or citizenship, as is granted to married opposite-sex partners.Namibia: Govt Sued Over Gay Marriage AllAfrica.com, 14 December 2017 In January 2018, officials granted the couple's application to allow Digashu and their son to enter Namibia, as the High Court continued to review their case. Another case, Seiler-Lilles v Government of the Republic of Namibia, was filed in 2018 by Anette Seiler-Liles and her German wife Anita Seiler-Lilles, together since 1988. The couple argued that their 2017 German marriage should be recognized in Namibia.

In June 2019, Judge President Petrus Damaseb directed that a full bench of three judges should be designated to hear all pending cases. In September 2019, the couples agreed to consolidate their lawsuits. Judges Hannelie Prinsloo, Orben Sibeya and Esi Schimming-Chase heard oral arguments in the combined court case on 20 May 2021. The couples asked the court to recognise their marriages performed outside of Namibia. Senior counsel Raymond Heathcote, representing the plaintiffs, argued that the case would not legalise same-sex marriage in Namibia but sought to recognise marriages performed elsewhere. He argued that the Constitution gives men and women the right to marry without limitation due to their social status, and that discrimination based on sexual orientation is discrimination on the basis of sex and social status, two grounds on which the Constitution forbids all discrimination. A judgment was issued on 20 January 2022. The judges agreed in principle with the plaintiffs, but ruled that they were bound by the 2001 case of Chairperson of the Immigration Selection Board v Frank and Another and as a result could not rule in favour of same-sex marriage. The judges encouraged the couples to appeal to the Supreme Court to have its previous ruling overturned. Judge Prinsloo said, "Only the Supreme Court can correct itself", adding that "it [is] high time the constitution reflect[s] social reality". The couples said they were "disappointed" with the decision but would consider an appeal to the Supreme Court. Lawyer Carli Schlickerling, representing the plaintiffs, said, "The court said to us this morning, 'look, we want to help you, we believe that you should be succeeding on the constitutional issues'. It seems that the court is setting out to the Supreme Court why we should succeed on appeal."

The Supreme Court heard oral arguments on 3 March 2023. On 16 May 2023, it ruled 4–1 that, due to constitutional guarantees of equality and dignity, the government must recognise same-sex marriages concluded outside of Namibia for residency purposes. It also commented on its 2001 decision, stating that its previous remarks on same-sex relationships were "peripheral and subsidiary remarks not necessary for that decision and thus [...] not binding". In their majority opinion, justices Peter Shivute, Dave Smuts, Petrus Damaseb and Elton Hoff wrote:

Aftermath and changes to marriage law The ruling was welcomed by the plaintiff couples. Digashu said he was "overwhelmed", and highlighted the support of the Southern Africa Litigation Centre and civil society organisations in Namibia. Siegliende Wether, the president of the Khorixas Constituency Residents Association, also welcomed the ruling: "We all are God's creation, and nobody should be lesser than another. Namibia has to live up to a just and equal society as the Constitution emphasises." However, the ruling was fiercely opposed by religious groups and politicians. The Council of Churches in Namibia released a statement calling on legislators to ban same-sex marriage, describing it as "contrary to Namibian culture".

On 11 July 2023, the National Assembly passed legislation introduced by MP Jerry Ekandjo, seeking to overturn the court ruling. The bill aimed to define marriage as the "union between persons of the opposite sex" and define a spouse as "one half of a legal union between a genetically born man and genetically born woman". Further, it would have made celebrating, witnessing, promoting or propagating a same-sex marriage a criminal offence punishable with up to six years' imprisonment and fines of up to N$100,000 ($5,500), which opponents of the bill described as a "clear violation of freedom of speech". It is unclear how the bill would have legally overturned the court ruling, as the Supreme Court ruled that the constitutional principle of equality guarantees recognition of same-sex marriages performed abroad, and the bill was not a constitutional amendment. If challenges had been filed against the law, it would likely have been struck down as unconstitutional. MP McHenry Venaani said, "I have not seen bills written deliberately (to) contradict judgments. I am not sure it would pass the test of constitutionality". The bill was passed by the National Council on 19 July 2023. Hage Geingob, who served as president until his death in February 2024, stated his opposition to same-sex marriage in July 2023 but expressed "caution" about the bill's constitutionality. MP Daniel Kashikola also expressed concern about the bill's implications for customary marriages and intersex people. Equal Namibia, an LGBT advocacy group, said it would file a lawsuit challenging the bill if Mbumba were to sign it into law. Omar van Reenen, campaign manager for the organisation, said, "[This bills is] wholly unconstitutional and will fail in court. But it proved that this is a legislature which is hell-bent on violating their oath of office for cheap campaign points". In June 2024, activists launched a campaign urging President Nangolo Mbumba to veto the legislation. In March 2025, Minister of Presidential Affairs Christine ǁHoebes announced that Mbumba would not sign the bill into law "because it was not passed by a two-thirds majority in Parliament and could be challenged on constitutional grounds".

On 11 July 2024, the National Assembly passed legislation defining marriage as "a legal union between two persons of the opposite sex". However, this bill did not contain provisions criminalising advocacy for same-sex marriage. It passed the National Council on 29 July, and was signed into law by Mbumba on 2 October as the Marriage Act, 2024. The law was published in the Government Gazette on 30 December. In January 2025, van Reenen said, "Instead of enacting bills to alleviate poverty and ensure 60% of Namibians that live in shacks are housed, President Mbumba's legacy will be tainted by bending to state-sanctioned homophobia and signing an unconstitutional bill into law. It will be challenged in court". John Nakuta, a scholar at the University of Namibia, said:

In June 2025, the organization Equal Namibia said it was searching for potential litigants to challenge the ban in court. It also submitted proposals for the introduction of same-sex marriage and legal gender recognition based on self-determination for transgender individuals to the Ministry of Justice and Labour Relations. In September 2026, Justice Minister Fillemon Wise Immanuel clarified that the new marriage law was still not "operationalised", as the Ministries of Home Affairs and Immigration, and Justice and Labour Relations were still reviewing the regulations required for its implementation.

Grobler v Minister of Home Affairs and Immigration