Namibia: Traditional Authority Wants Polygamy Legalised in Namibia

The Ondonga Traditional Authority has thrown its weight behind legalisation of polygamy in Namibia.

Spokesperson Frans Enkali says the authority supports the legalisation of polygamy as it is nothing new in their culture and traditions.

"In our African culture, there is nothing wrong with polygamy as long as it is between consenting adults. This is something that was practised by our ancestors," he says.

"The problem now is when people talk about polygamy, they bring in things of religion and human rights. Why? This is consent and culture."

Enkali says even if polygamy was legal, not every man would marry more than one woman.

CASE TO BE FILED

Political scientist Rui Tyitende says men who cannot afford to financially sustain more than one wife should not engage in polygamy.

This comes as Kadhila Amoomo Legal Practitioners plans to file a case in the High Court advocating the legalisation of polygamy next month.

Tyitende, who recently joined Amoomo's case as an applicant, says polygamy is a matter of choice and should only be practised by men who have the financial capacity and necessary emotional and psychological traits to be available to more than one wife.

"If you are poor and constantly broke, stay far away from attempting to marry more than one wife as you will perpetuate the poverty rate in Namibia," he says.

Tyitende says polygamy has always been central to the social fabric of African societies and culture.

In contemporary Namibia, he says, there are married men who have extramarital affairs and are managing two households.

"However, these women who are not in the union are disadvantaged as they and their children do not get the affection of their husband and father. Nor are they protected by the legal system in terms of inheritance and the sustenance of their children," he says.

Tyitende says these women are ridiculed and shamed by society, despite the fact that the relationship is consensual.

"Therefore, legalising polygamy as part of our civil law will provide them social, legal and economic security. By the way, polygamy is happening anyway, it is just that wives tend to be in denial about its existence as they do not want to be publicly shamed," he says.

Tyitende says he has received two calls and financial assistance for the case from two senior ministers and three chief executives of state-owned enterprises, who he cannot name.

"It tells you something about how important the matter is, but people are afraid of addressing the issue," Tyitende said.

He also supports polyandry, involving women marrying more than one man.

"If women want more than one husband, they should have the freedom of choice to do so," he says.

TRADITIONAL AUTHORITIES

"Even during the time of our ancestors, men would only take more than one wife if he knows he can support all of them," Enkali says.

He, however, says polyandry has never been practised in Namibian culture.

"Maybe other cultures have been doing it, but not Namibian cultures. So no, I am not in support of that," he says.

Speaking on behalf of academic Hoze Riruako's faction of the Ovaherero Traditional Authority, Ovaherero community activist Hijangaruu Veseevete says polygamy has always been the norm in the Ovaherero community.

"For me, it was never a question of whether I support it or not. This is something I know has always been practised in our culture. It's part of our being, and it is a normal thing between us," he says.

"As an older person, I get confused to see things that are normal in our culture treated as not normal on a national level."

Veseevete says while he is not heavily opposed to polyandry, it has never been practised in his culture.

"In African culture, women do not marry men. Men marry women. It might happen in other cultures in Africa, but not in Namibian culture.

"However, if a woman wants to do that, I say go for it. And if as a man you want to be married by a woman, go for it. But it has never been practised," he says.

Relationship expert Ngamane Karuaihe-Upi says polygamy is not necessary in Namibia, but feels if same-sex marriage is to be legalised, polygamy should be legalised too.

"Namibia does not need it, but if same-sex marriage is to be allowed, so it should be for polygamy to satisfy the preference of all," he says.

He says he supports polygamy as long as polyandry is allowed.

"I agree with polygamy on the condition that women are also allowed to have more than one husband and no lobola is to be paid by either party. Remember, as a country, we advocate gender equality," Karuaihe-Upi says.

POLYGAMY IN NAMIBIA

Currently, polygamy is illegal in Namibia under civil marriage laws, but a 2003 bill recognises polygamous unions under customary law, granting rights like inheritance and child custody.

A 2021 survey by The Namibian shows that polygamy is a common practice in the Zambezi region.

Men in this region believe they can accommodate more than four wives under one roof, as long as they look after them.

AllAfrica publishes around 500 reports a day from more than 100 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.