The appeal raised several key questions, among others, whether the Ministry's refusal to recognize lawful same-sex marriages from foreign jurisdictions (in this case South Africa and Germany) involving a Namibian and a non-citizen is compatible with the Constitution.
Held per SHIVUTE CJ et SMUTS JA (DAMASEB DCJ and HOFF JA concurring):
- The well-established general principle of common law that if a marriage is duly concluded in accordance with the statutory requirements for a valid marriage in a foreign jurisdiction, it falls to be recognized in Namibia. That principle finds application to these . . .