Apartheid still exists in NamibiaJanuary 18, 2008
Helvy Tueumunna
Namibian Sun
Eighteen years after independence blacks’ marriages in the Northern Namibia are still governed by the South African Apartheid Regime acts.Without being aware of it, black couples from the areas lying from what was previously known as the north of Police Zone are still compelled to get married out of community of property. This is in accordance with Native Proclamation 15 of 1928, the law which Legal Assistance (LAC) Center Director Norman Tjombe, describes as “not only outdated, but blatantly racist.”
Native Administration Proclamation (NAP) 15 of 1928 is an apartheid law which only applies to black people living on the northern part of the Police Zone or the Redline as it was previously known. According to this law, black couples are not allowed to get married in community of property. This however, does not apply to white and coloured couples.
In the event of divorce or death, couples discover the shocking truth -they were never married in community of property. “…even if the marriage certificate is written ‘married in community of property’, you are still married out of community of property…the law must apply.” said LAC Project Lawyer Zeka Alberto.
While collecting her late husband’s estate Mrs. X was allegedly shocked when masters of high court informed her that she had no authority to collect her husband’s estate as she and her husband were not married in community of property. Mrs. X said: “when we got married, the pastor asked us if we wanted to get married in community of property and we said yes…” Mrs. X was allegedly referred to a lawyer that would “help” her to handle her husband’s estate.
Tjombe said on different occasions, several cases of that nature taken to court to “challenge the constitutionality of the law -with mixed results.”
He told Namibian Sun that the NAP 15 of 1928 “…law makes distinction between races which is no longer permissible in an independent Namibia, with the constitution that guarantees equality from freedom of racism.”
National Society of Human Rights (NSHR) Director Phil ya Nangolo said the NAP 15 of 1928 is a discriminatory law which is punishing people on the North of the Redline. Ya Nangolo said “…it is a racist law, we condemn it…it is unconstitutional, it must be repealed with immediate effect.”
According to ya Nangolo, his society and LAC fought against this law on several occasions but to no avail. Ya Nangolo further said Namibia is still using old South African apartheid laws that are even abolished in South Africa, according to ya Nangolo such laws include the divorce law which is still applicable to Namibia, while it is no more in use in South Africa.
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