LEGISLATION – IMMIGRATION CONTROL ACT – FRANK OR NO FRANK, THERE IS NO STATUTORY PROVISION FOR SAME-SEX MARRIAGES IN NAMIBIAN LAW – MINISTRY APPLIED S 2(1)(C) CONSISTENTLY WITH THE ACT READ WITH OTHER STATUTES AND THE CONSTITUTION. Digashu v GRN, Seiler-Lilles v GRN NASC (16 May 2023) – Dissenting judgment

The appeal raises several key questions: (1) whether the Full Bench of the High Court was indeed bound by the majority's views in Frank, or if those statements were merely obiter dicta (stated by the way) and thus not binding; (2) whether the majority's approach in Frank should be followed; (3) the implications of the conclusions reached on these issues for the two appeals at hand; and (4) whether the respondents' refusal to recognize lawful same-sex marriages from foreign jurisdictions (in this case South Africa and Germany) involving a Namibian . . .

Dear user, unfortunately you are not allowed to view this restricted content.
Please Login or Register in order to view.