220
 |
| Dozens of people cheer and dance as they take part in the Namibian Lesbians, Gay, Bisexual and Transexual (LGBT) community pride Parade in the streets of the Namibian Capital – Copyright ยฉ HILDEGARD TITUS/AFP |
A gay couple scored a partial victory in Namibiaโs Supreme Court on Monday (March 07) after it ruled the government had discriminated against them when it rejected the residency application of one of the two who is Mexican-born.
The court ordered that the home affairs ministry reconsider the application of Guillermo Delgado for permanent residency in the southern African country.
Delgado appealed to the Supreme Court after a lower court denied Delgadoโs residency request in February last year, siding with the government which had refused to give legal recognition to his marriage with Phillip Lรผhl, a Namibian.
In Namibia, permanent residency is automatically granted to foreigners married to local spouses, but same-sex marriages are not legally recognised.
Delgado in October won citizenship by descent for their son, born to a surrogate in South Africa in 2019.
โIt was a partial victoryโฆWe will have to see what the way forward is,โ said the coupleโs lawyer, Uno Katjipuka-Sibolile, referring to the Supreme Court ruling.
โIt referred the applicationโฆback to home affairs, which has demonstrated its hostility towards Guillermo and his family, so you have to wonder what is the point of sending them back to home affairs?โ Katjipuka-Sibolile said.
Home affairs spokesperson Margaret Kalo said the ministry would issue a statement later in the day.
Many African nations still ban same-sex relationships, with couples risking jail and public scorn. But the law is rarely enforced in Namibia.
