After Windhoek High Court Acting Judge Collins Parker found in favour of a German couple who challenged their refusal to be granted permanent residence in Namibia, authorities sought to appeal the decision in the Supreme Court. 

The authorities in question are Chairperson of the Immigration Selection Board, and the Chief of Immigration. 

Judge Parker ordered the Board to issue Drs Christian Wilhelm Knoche and Stepanie Knoche with permanent residence permits on or before 31 December 2024 in a judgement on 4 December 2024. 

Not satisfied with the judgement, the Board appealed the ruling in the Supreme Court. The appeal, however, lapsed due to the lawyer of immigration failing to file the record within the prescribed time. 

Following repeated demands from Sisa Namandje, the lawyer for the couple, for compliance with the order of Judge Parker, the Immigration Board filed an urgent application to the High Court for the orders of Judge Parker to be stayed, pending the outcome of a condonation and reinstatement of their appeal application in the Supreme Court. 

In their latest application, Ettienne Maritz, the executive director in the ministry of home affairs and immigration, states that they are certain the Supreme Court will reinstate their appeal, as they have reasonable prospects of success. 

Although the explanation for the default is inexcusable, the Supreme Court may well consider the prospects of success on merit, especially where the appeal involves issues of legality and broader public interest. According to Maritz, the impugned judgement compels him to do that which the law exclusively reserved for the Chief of Immigration, against whom no order was made. 

According to him, the law only authorises the Chief of Immigration to issue permanent residence permits on the recommendation of the Board. The Board itself may not issue permits. He further said the judgement of Judge Parker is only directed at the Board and not the Chief of Immigration. This cannot stand, as the Board cannot issue permits, he stated. 

Namandje, in opposing the application, stated that the decision by Judge Parker is above board and will stand as an obstacle to the success of the appeal. He said the order by Judge Parker requires the Board to do whatever is needed in accordance with the Act to have the permanent residence permits granted. 

He further said the appeal is academic because it was enough for Judge Parker to set aside the Board’s decision not to grant permanent residence to the German couple simply on the basis that it ignored relevant facts, considered extraneous factors and did not apply its mind. 

Namandje further said that the Board already conceded that their explanation for not complying with the rules of the Supreme Court is inexcusable, which means the Court cannot arrive at a different conclusion. Secondly, he said, the Board addressed in their application the wrong requisites for an application to stay execution of an order. Instead, Namandje argued, the applicants (Board) sought to make out a case for and in respect of a normal application for interim interdict. “Their case must therefore fail on this basis because they did not address the requisites of an application to stay the execution of an order. 

High Court Acting Judge Doris Hans-Kaumbi reserved her judgement until this Friday, 11 April. 

The Immigration Board is represented by Wana Chinsembu on instructions of the Government Attorney. -rrouth@nepc.com.na