Same-sex marriage is not legal in Namibia. On 16 May , the Supreme Court ruled 4β1 that same-sex marriages concluded outside of Namibia should be recognised for residency purposes.
However, a bill seeking to overturn the ruling passed the Parliament of Namibia in September and was signed into law by President Nangolo Mbumba in October The law also conflicts with Namibia's pre-colonial tolerance of sexual minorities. While many modern-day Namibian cultures historically practiced polygamy , there are no records of same-sex marriages as understood from a Western perspective being performed in those cultures.
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However, there is evidence for identities and behaviours that may be placed on the LGBT spectrum. German anthropologist Kurt Falk reported in the s that "the Ovambos' habitual tribal custom supports same-sex relationships, and so almost every Ovambo has engaged in homosexual intercourse. He also wrote that a large number of the owners of an omakola , a musical instrument, were passive homosexuals omasenge , who "dressed like women, did women's work, and 'contracted marriage' with other men who already had female wives".
Among the Herero, it was "customary" for two men to form erotic friendships, known in Otjiherero as omapanga , which typically included anal intercourse. However, when either of the men married, the relationship would end.
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It is also used as a means of establishing a homosexual relationship, especially by boys, who jealously watch over each other. Although nobody had ever been convicted, instances were occasionally reported to the police, resulting in arrests and fingerprinting, and instilling fear in the LGBT community. The Marriage Act Act 25 of , [ a ] enacted by the Parliament of South Africa when Namibia was still South West Africa , does not explicitly prohibit the recognition of same-sex marriages ; neither does it explicitly define marriage.
