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.
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.
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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