Kawana awaits AG on same-sex direction

Minister between the rock and a hard place
The ministry of home affairs will seemingly not independently adhere to the Supreme Court ruling.
Jemimah Ndebele
Home affairs minister Albert Kawana says the ministry will not process any resident-related permits for foreign same-sex spouses married to Namibians, as ordered by the Supreme Court, until he hears from the attorney-general.

The Supreme Court recently ordered the ministry to, in terms of the country’s immigration laws, issue domicile and related permits to foreign gay spouses married to Namibians who apply for such permits – as is done for heterosexual couples.

Namibian Sun can reveal that a same-sex couple, whose foreign spouse’s permit to live in the country expires this month, has not heard from the ministry after asking to be issued with the relevant permits as per the court order. This after a previous application by the couple had been refused by the ministry.

On 24 May, Mexican Guillermo Delgado and his Namibian husband Phillip Lühl wrote through their lawyers to home affairs executive director Etienne Maritz, requesting him to issue Delgado with the necessary resident and work permits as per the court order.

After its ruling, the Supreme Court referred Delgado's application for residence back to the ministry, ordering it to reconsider its refusal to issue him with residence rights.

“We would kindly ask that the certificate now be issued,” the couple said through their lawyer Uno Katjipuka from Nixon Marcus Public Law Office.

The couple told Namibian Sun this week that Delgado’s current permit that enables him to stay in Namibia – where he works as a senior lecturer at a local university – expires at end of this month.

Legal experts have, however, said that it is unlikely that government would be able to legally deport a foreign spouse whose short-term permit to stay in the country has expired while the Supreme Court ruling remains binding.

Waiting game

Kawana yesterday said the ministry will only act upon applications for resident permits by foreign same-sex spouses once legal advice from the Office of the Attorney-General has been obtained in this regard.

"We follow the attorney-general's directives, so all questions regarding the plans to comply with the court ruling should be posed to the attorney-general," he briefly stated.

The home affairs ministry is responsible for handling matters of marriage recognition, documentation and residence.

Attorney-General Festus Mbandeka referred Namibian Sun to a press release issued by his office in the last week of May. The release acknowledged the Supreme Court ruling and said government was currently conducting a comprehensive legal assessment of the judgment, considering its wide-ranging legal implications.

"The government will inform the public of the official government response to this Supreme Court ruling at the appropriate time," the statement read.

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Namibian Sun 2024-09-20

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LaLiga: Leganés 0 vs 2 Athletic Club | Real Betis 2 vs 1 Getafe | Mallorca 1 vs 0 Real Sociedad Katima Mulilo: 25° | 39° Rundu: 20° | 39° Eenhana: 17° | 36° Oshakati: 15° | 34° Ruacana: 16° | 35° Tsumeb: 19° | 34° Otjiwarongo: 13° | 32° Omaruru: 14° | 32° Windhoek: 11° | 28° Gobabis: 9° | 30° Henties Bay: 11° | 18° Wind speed: 22km/h, Wind direction: W, Low tide: 06:23, High tide: 12:53, Low Tide: 19:02, High tide: 01:16 Swakopmund: 12° | 14° Wind speed: 22km/h, Wind direction: NW, Low tide: 06:21, High tide: 12:51, Low Tide: 19:00, High tide: 01:14 Walvis Bay: 11° | 17° Wind speed: 23km/h, Wind direction: N, Low tide: 06:21, High tide: 12:50, Low Tide: 19:00, High tide: 01:13 Rehoboth: 7° | 29° Mariental: 7° | 26° Keetmanshoop: 6° | 24° Aranos: 6° | 27° Lüderitz: 14° | 27° Ariamsvlei: 6° | 23° Oranjemund: 15° | 30° Luanda: 22° | 24° Gaborone: 11° | 17° Lubumbashi: 18° | 36° Mbabane: 8° | 9° Maseru: 3° | 13° Antananarivo: 11° | 28° Lilongwe: 21° | 31° Maputo: 14° | 15° Windhoek: 11° | 28° Cape Town: 10° | 21° Durban: 13° | 14° Johannesburg: 7° | 9° Dar es Salaam: 23° | 29° Lusaka: 21° | 34° Harare: 17° | 30° Currency: GBP to NAD 23.2 | EUR to NAD 19.52 | CNY to NAD 2.48 | USD to NAD 17.5 | DZD to NAD 0.13 | AOA to NAD 0.02 | BWP to NAD 1.28 | EGP to NAD 0.35 | KES to NAD 0.14 | NGN to NAD 0.01 | ZMW to NAD 0.65 | ZWL to NAD 0.04 | BRL to NAD 3.19 | RUB to NAD 0.19 | INR to NAD 0.21 | USD to DZD 132.02 | USD to AOA 927.77 | USD to BWP 13.17 | USD to EGP 48.48 | USD to KES 128.48 | USD to NGN 1593.37 | USD to ZAR 17.51 | USD to ZMW 26.45 | USD to ZWL 321 | Stock Exchange: JSE All Share Index Same 0 | Namibian Stock Exchange (NSX) Overall Index 1838.95 Up +1.41% | Casablanca Stock Exchange (CSE) MASI 14184.33 Up +0.68% | Egyptian Exchange (EGX) 30 Index 30937.69 Up +1.96% | Botswana Stock Exchange (BSE) DCI 9651.25 Same 0 | NSX: MTC 7.75 SAME | Anirep 8.99 SAME | Capricorn Investment group 17.34 SAME | FirstRand Namibia Ltd 49 DOWN 0.50% | Letshego Holdings (Namibia) Ltd 4.1 UP 2.50% | Namibia Asset Management Ltd 0.7 SAME | Namibia Breweries Ltd 31.49 UP 0.03% | Nictus Holdings - Nam 2.22 SAME | Oryx Properties Ltd 12.1 UP 1.70% | Paratus Namibia Holdings 11.99 SAME | SBN Holdings 8.45 SAME | Trustco Group Holdings Ltd 0.48 SAME | B2Gold Corporation 47.34 DOWN 1.50% | Local Index closed 677.62 UP 0.12% | Overall Index closed 1534.6 DOWN 0.05% | Osino Resources Corp 19.47 DOWN 2.41% | Commodities: Gold US$ 2 608.44/OZ UP +0.82% | Copper US$ 4.31/lb DOWN -0.0032 | Zinc US$ 2 895.80/T DOWN -1.4% | Brent Crude Oil US$ 74.22/BBP DOWN -0.0089 | Platinum US$ 976.80/OZ DOWN -0.006 Sport results: LaLiga: Leganés 0 vs 2 Athletic Club | Real Betis 2 vs 1 Getafe | Mallorca 1 vs 0 Real Sociedad Weather: Katima Mulilo: 25° | 39° Rundu: 20° | 39° Eenhana: 17° | 36° Oshakati: 15° | 34° Ruacana: 16° | 35° Tsumeb: 19° | 34° Otjiwarongo: 13° | 32° Omaruru: 14° | 32° Windhoek: 11° | 28° Gobabis: 9° | 30° Henties Bay: 11° | 18° Wind speed: 22km/h, Wind direction: W, Low tide: 06:23, High tide: 12:53, Low Tide: 19:02, High tide: 01:16 Swakopmund: 12° | 14° Wind speed: 22km/h, Wind direction: NW, Low tide: 06:21, High tide: 12:51, Low Tide: 19:00, High tide: 01:14 Walvis Bay: 11° | 17° Wind speed: 23km/h, Wind direction: N, Low tide: 06:21, High tide: 12:50, Low Tide: 19:00, High tide: 01:13 Rehoboth: 7° | 29° Mariental: 7° | 26° Keetmanshoop: 6° | 24° Aranos: 6° | 27° Lüderitz: 14° | 27° Ariamsvlei: 6° | 23° Oranjemund: 15° | 30° Luanda: 22° | 24° Gaborone: 11° | 17° Lubumbashi: 18° | 36° Mbabane: 8° | 9° Maseru: 3° | 13° Antananarivo: 11° | 28° Lilongwe: 21° | 31° Maputo: 14° | 15° Windhoek: 11° | 28° Cape Town: 10° | 21° Durban: 13° | 14° Johannesburg: 7° | 9° Dar es Salaam: 23° | 29° Lusaka: 21° | 34° Harare: 17° | 30° Economic Indicators: Currency: GBP to NAD 23.2 | EUR to NAD 19.52 | CNY to NAD 2.48 | USD to NAD 17.5 | DZD to NAD 0.13 | AOA to NAD 0.02 | BWP to NAD 1.28 | EGP to NAD 0.35 | KES to NAD 0.14 | NGN to NAD 0.01 | ZMW to NAD 0.65 | ZWL to NAD 0.04 | BRL to NAD 3.19 | RUB to NAD 0.19 | INR to NAD 0.21 | USD to DZD 132.02 | USD to AOA 927.77 | USD to BWP 13.17 | USD to EGP 48.48 | USD to KES 128.48 | USD to NGN 1593.37 | USD to ZAR 17.51 | USD to ZMW 26.45 | USD to ZWL 321 | Stock Exchange: JSE All Share Index Same 0 | Namibian Stock Exchange (NSX) Overall Index 1838.95 Up +1.41% | Casablanca Stock Exchange (CSE) MASI 14184.33 Up +0.68% | Egyptian Exchange (EGX) 30 Index 30937.69 Up +1.96% | Botswana Stock Exchange (BSE) DCI 9651.25 Same 0 | NSX: MTC 7.75 SAME | Anirep 8.99 SAME | Capricorn Investment group 17.34 SAME | FirstRand Namibia Ltd 49 DOWN 0.50% | Letshego Holdings (Namibia) Ltd 4.1 UP 2.50% | Namibia Asset Management Ltd 0.7 SAME | Namibia Breweries Ltd 31.49 UP 0.03% | Nictus Holdings - Nam 2.22 SAME | Oryx Properties Ltd 12.1 UP 1.70% | Paratus Namibia Holdings 11.99 SAME | SBN Holdings 8.45 SAME | Trustco Group Holdings Ltd 0.48 SAME | B2Gold Corporation 47.34 DOWN 1.50% | Local Index closed 677.62 UP 0.12% | Overall Index closed 1534.6 DOWN 0.05% | Osino Resources Corp 19.47 DOWN 2.41% | Commodities: Gold US$ 2 608.44/OZ UP +0.82% | Copper US$ 4.31/lb DOWN -0.0032 | Zinc US$ 2 895.80/T DOWN -1.4% | Brent Crude Oil US$ 74.22/BBP DOWN -0.0089 | Platinum US$ 976.80/OZ DOWN -0.006