A member of the Popular Democratic Movement (PDM) named Elma Dienda has suggested additional revisions to the marriage bill. One of these changes would require couples, including Namibians and foreigners, to have a romantic relationship that lasts for a minimum of two years before getting married.
Last week, Dienda gave her comments on the marriage law presented by Albert Kawana, Minister of Home Affairs, Immigration, Safety and Security. Dienda’s contributions were made this week.
This measure, which mandates that spouses can only be of the opposite sex, will replace the current Marriage Act 25 of 1961.
In her proposal, Dienda suggested adding a condition under Section 32 on good faith weddings, which states that a relationship of at least two years should be needed before a legitimate marriage may take place between a Namibian and a foreigner. Dienda wanted to ensure that marriages were conducted in good faith.
“To lessen the number of weddings that are arranged for convenience… She stated that a demonstrated relationship period of two years would reflect true intent and commitment.
Dienda highlighted instances in which persons “scammed” Namibians by obtaining marriage certificates to obtain citizenship. She recounted incidents that occurred while former ministers of home affairs Frans Kapofi and Pendukeni Iivula-Ithana were in office.
She stated that some women were paid N$10,000 to marry foreigners, who subsequently vanished after obtaining the marriage license. Some ladies were paid to marry foreigners.
The Ministry of Home Affairs, Immigration, Safety, and Security investigated seventy incidents of alleged sham marriages between Namibians and foreign people in the year 2020. Ten cases were resolved, and arrests were made against the individuals involved.
These attacks primarily targeted women between the ages of 25 and 40 and involved citizens from Zimbabwe, Nigeria, Pakistan, and Egypt. The majority of these incidents involved women.
Dienda also suggested that marriages between Namibians and non-Namibians should be permitted to last for a period ranging from two to five years before the possibility of divorce is considered.
“After two years of marriage, this foreigner has made the decision that I do not want to continue being in this marriage and that I want a divorce. She inquired, “Is it not possible for us to include a clause in this document stating that these marriages between foreigners must last for a minimum of two or five years?”
Henning Melber, a political analyst, referred to Dienda’s plan as xenophobic and urged members of parliament to refrain from engaging in discriminating behaviors.
However, Melber highlighted that preventive measures should not unnecessarily interfere with individuals’ privacy, despite acknowledging the necessity of such precautions. He pushed for mild vetting to ensure sincerity in marriages without setting restrictions that were impossible to fulfill.
Rebecca Ndjoze-Ojo, a former deputy minister who has been married to a Nigerian native for forty years, also commented on the matter, claiming that not all marriages between Namibians and foreigners are arranged for convenience.
“My hubby is of Nigerian descent. He has a residential permit. However, he has not taken on Namibia’s citizenship. She stated, “He did not get married to me because he wanted to become a citizen of Namibia.” She did acknowledge, however, that the procedure could be exploited.
Additionally, Esther Muinjangue, the Deputy Minister of Health and Social Services, suggested that the law incorporate definitions of social workers and their duties to assist in the enhancement and maintenance of marital relationships, particularly during difficult times.
She also inquired about whether the measure would be by the age of consent, which would require the permission of a parent or guardian for individuals under 21 to marry unless they had previously been married.
The revisions and discussions that have taken place about the marriage bill reveal continuous attempts to combat and prevent marriage fraud while also ensuring that Namibia’s legal standards and cultural values are preserved.