Windhoek High Court Acting Judge Doris Hans-Kaumbi granted the chairperson of the Immigration Selection Board and the chief of immigration, an interdict to stop the lawyers of a German couple from implementing an order to grant them residence permits.
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.
Judge Parker ordered the board to issue Drs Christian Wilhelm Knoche and Stepanie Knoche 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 immigration lawyer failing to file the record within the prescribed time.
Following repeated demands from the couple’s lawyer Sisa Namandje 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.
Judge Hans-Kaumbi agreed with the arguments of Advocate James Diederick, on behalf of the government agency, assisted by Wana Chinsembu, that Judge Parker had ordered the wrong functionary to issue the permits. According to the law, the chairperson is not authorised to issue permits, but the chief of immigration is. As such, the judge said, this gives rise to a legal issue that gives rise to the prospects of success raised by the authorities. In fact, she said, the underlying causa (the fundamental reason or purpose that justifies a legal act or transaction) may ultimately be removed by the appeal, which is the subject matter of an ongoing dispute between the parties. She further stated that irreparable harm shall be caused if the wrong functionary is ordered to carry out a function in the sole mandate of another in terms of the Immigration Control Act, which will not be in the public interest, and shall accordingly lead to an injustice.
She thus ordered that the couple be interdicted from putting into operation and/or executing Judge Parker’s order pending the determination of the authorities’ reinstatement application of their appeal and, if granted, the finalisation of the appeal.
She further ordered the authority to pay the costs of the urgent application.