Struggle continues in same-sex marriage residence rights fight

The ministry of home affairs has to foot the total legal bill of a High Court lawsuit and Supreme Court appeal brought by a Mexican-born architect who has legally lived and worked in Namibia for more than 10 years.“There can be no doubt that the appellant [Guillermo Delgado] was treated appallingly and in a most undignified manner,” the appeal judgment handed down yesterday by chief justice Peter Shivute, deputy chief justice Petrus Damaseb and Supreme Court judge Dave Smuts read.The top court judges wrote that Delgado’s treatment at the hands of immigration officials at the Ngoma border in January 2020 constituted “inhumane and degrading treatment that has no place in a society based on the rule of law and other values of inherent dignity as well a justice”.Delgado was banned from entering Namibia despite having lived and worked here legally since 2010.The Supreme Court justices said this decision, to either leave or “be detained as a prohibited immigrant ... is hardly a choice. There is no lesser evil between them”.A border official claimed that a Section 38 certificate Delgado had applied for had been rejected and he could choose to either exit Namibia or be locked up.While he had been granted the certificate in 2018, his application for its renewal was rejected in late 2019 without him being informed, on the basis of his marriage to a Namibian of the same gender. Delgado is married to Namibian Phillip Lühl, also an architect, and the pair are the parents of three children.ReconsiderHome affairs had argued at the Supreme Court hearing last year “that the belated verbal communication of the decision by the immigration officer at the border in January 2020 constituted effective communication”.The court underlined that “to mark the court’s displeasure of the ministry of home affairs and immigration, it is fair and just that they should be ordered to pay the appellant’s costs on a high scale”.As a punitive measure, the legal bill will be calculated on an attorney and client scale.In addition to footing Delgado’s entire legal bill, the court also set aside the home affairs ministry’s decision to reject the Section 38 certificate and ordered them to “consider and decide the appellant’s application afresh”.Square oneFollowing the judgment, Delgado’s lawyer Uno Katjipuka-Sibolile said the partial win at the Supreme Court was not what they had hoped for, especially as Delgado has to return to home affairs.“We’ve outlined to the court how home affairs has been hostile, to put it mildly, towards Guillermo, his husband and entire family. We know what they are going to do, they will reject the application.”She said the family will then be forced to return to court.Delgado added that the judgment only brought him and his family “back to the queue”.“Our family has gone through a lot, and these situations are caused consistently by home affairs.” He, however, added that the Supreme Court’s decision to partially hand the family a win, and the acknowledgement of his treatment by immigration, was a relief.

Struggle continues in same-sex marriage residence rights fight

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Namibian Sun 2025-04-30

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Struggle continues in same-sex marriage residence rights fight

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Namibian Sun 2025-04-30

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