Court knocks down
Namibia gay victory
A court ruling reverses a temporary victory for gay rights in Namibia --
but clears the way for a new court challenge that may finally clarify the
status of same sex relationships.
WERNER MENGES of The Namibian
NAMIBIAN court order granting permanent residence to a female German-born
educationalist who has lived with a Namibian woman for eight years has been
cancelled -- but the decision may have opened the way for a possible court
ruling on the legal status of same sex relationships in Namibia.
In April this year the High Court ordered that educationalist Liz Frank be
granted a
permanent residence permit by the Immigration Selection Board - after two
previous applications by her had been refused without reasons being given.
But on Friday last week, the decision was rescinded on technical grounds,
without Frank's attorneys from the Legal Assistance Centre opposing.
Frank indicated this week that she intends to again approach the High Court
for an order that she be granted permanent residence in Namibia. Namibia
was the home of her partner of the past eight years, Frank explained,
before adding: "We need a place to grow old in." She is also helping raise
her partner's 13-year-old son from a previous relationship, and considers
herself a as joint parent to the boy, Frank previously attested to the
Court.
On Friday, Acting Judge Bryan O'Linn was asked by lawyer Matti Asino from
the Office of the Government Attorney to rescind the unopposed order
granted on April 3 against the Chairperson of the Immigration Selection
Board.
Asino said the Deputy Sheriff of Windhoek had served the notice of Frank's
application on the wrong person - the Chairperson of the Immigration
Tribunal, instead of the Immigration Control Board.
Frank's long-term relationship with a Namibian citizen was considered in
the Board's decision on her application for permanent residence - but
because her relationship with a woman did not fall within the ambit of
relationships as stipulated in the 1993 Immigration Control Act and was
also not recognised in a court of law, that factor was unable to assist her
application, Home Affairs Permanent Secretary Niilo Taapopi said in a sworn
affidavit submitted to the Court.
Taapopi continued that Frank's "sexual preference was considered as a
private matter having no bearing on (her) application. Nor was the Board
keen on engaging in campaigns which do not fall under its terms of
reference as stated in Part V of the Immigration Control Act (...)."
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With this, the triumph hailed by the Rainbow Project - the Namibian
organisation campaigning for the rights of gay, lesbian, bisexual and
transgendered people - after the April 3 order, has turned out to be little
more than a temporary victory by default.
Taapopi argued that Frank's application for permanent residence was refused
on its merits. The Board took into account her long period of residence in
Namibia -- but "this fact alone is however not sufficient" - as well as her
qualifications, skills and experience - which are according to Taapopi no
longer in short supply in Namibia.
Said Taapopi in his statement: "The University of Namibia has put out
graduates in (Frank's) field of expertise and we have to find employment
for them. Even more the said University and other institutions of higher
learning continue to produce qualified people to perform (Frank's) work.
Moreover, numerous volunteers are coming into Namibia as in-service
trainers and research officers at different levels. They are here on
temporary permits. There is thus, at this point in time, no demand to
attract immigrants with (Frank's) qualifications, skills or experience."
Not mentioned by Taapopi was the consideration - or lack of - given to
statements from senior Government officials supporting Frank's application.
These include statements from Finance Minister Nangolo Mbumba, Ministry of
Information and Broadcasting Permanent Secretary Nguno Wakolele, and
Ministry of Regional and Local Government Permanent Secretary
Nghidimondjila Shoombe.
Mbumba stated that he believed that Frank's knowledge, skills and high
level of involvement were "a great asset" to ongoing Namibian education
reform, and that he strongly supported her application for permanent
residence.
According to Wakolele's letter of support, Frank "has made important
contributions to research work and school books developed by the Centre for
Applied Social Sciences and other institutions". He stated further: "Since
Namibia has a serious shortfall of trained researchers and writers, services such as Ms Frank offers are always sought after."
Shoombe, who knew Frank from before independence when he was the Swapo
representative in Germany and she was active in the anti-apartheid
movement, wrote in her support: "I was pleased to see that Ms Frank was
prepared to move to Namibia after independence in order to continue her
political and professional involvement in our struggle to build a new,
post-apartheid democratic nation. Her continued contribution should be
ensured by granting her permanent residence status."
-- Misanet-The Namibian, July 9, 1998.
