Family
Civil and customary marriage with the Combating of Domestic Violence Act
Marriage may be civil or customary, and the Married Persons Equality Act 1 of 1996 abolished the husband's marital power. The Child Care and Protection Act 3 of 2015 modernised care proceedings. The Supreme Court's 2023 Digashu decision required recognition of same-sex marriages validly concluded abroad, and Parliament subsequently legislated against such recognition, leaving the question contested.
Key rules
- Jurisdiction — The High Court hears civil divorce; community courts hear customary matters; the Children's Court sits in the magistracy.
Governing law
- Married Persons Equality Act 1 of 1996
- Child Care and Protection Act 3 of 2015
- Combating of Domestic Violence Act 4 of 2003
In practice
Family law is where Namibia's Article 66 dual system bites hardest, and where the constitutional supremacy clause has been used most actively — including to strike down rules of customary and statutory law that discriminated on grounds of sex.