LEGISLATION – IMMIGRATION CONTROL ACT – INTERPRETATION – ‘SPOUSE’ IN S 2(1)(C) TO BE INTERPRETED TO INCLUDE SAME-SEX SPOUSES LAWFULLY MARRIED IN ANOTHER COUNTRY. Digashu v GRN, Seiler-Lilles v GRN NASC (16 May 2023)

The appeal raised several key questions, among others, whether the Ministry's refusal to recognize lawful same-sex marriages from foreign jurisdictions (in this case South Africa and Germany) involving a Namibian and a non-citizen is compatible with the Constitution.

Held per SHIVUTE CJ et SMUTS JA (DAMASEB DCJ and HOFF JA concurring):

1. The well-established general principle of common law that if a marriage is duly concluded in accordance with the statutory requirements for a valid marriage in a foreign jurisdiction, it falls to be recognized in Namibia. That principle finds application to these . . .
   

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