Digashu and Another v GRN and Others; Seiler-Lilles and Another v GRN and Others (SA 6/2022; SA 7/2022) [2023] NASC 14 (16 May 2023)

Authors

Dunia P. Zongwe, School of Law, Alliance University, India

Publication Date

5-2023

Abstract

This controversy is about a powerful court that sided with a noble cause but that nonetheless decided the case so clumsily that it strengthened the adversaries’ otherwise weak counterarguments. In the groundbreaking Digashu case, the Supreme Court of Namibia recognized same-sex marriages contracted abroad. However, this decision relied so heavily on European and North American jurisprudence that it unintentionally fuels the impression and the accusations of those who claim that such recognition imposes Western values on the Namibian people. Moreover, in its efforts to recognize same-sex marriages, the Namibian apex court sacrificed the accuracy of its analysis by grossly distorting international law – both private and public – and the separation of powers doctrine.

Recommended Citation

Zongwe, Dunia P. (2023) "Digashu and Another v GRN and Others; Seiler-Lilles and Another v GRN and Others (SA 6/2022; SA 7/2022) [2023] NASC 14 (16 May 2023)," SAIPAR Case Review: Vol. 6: Iss. 1, Article 4.
Available at: https://scholarship.law.cornell.edu/scr/vol6/iss1/4