Namibia: Supreme Court keeps gay couple's son in limboThe child of a same-sex couple in Namibia will remain without citizenship following a devastating ruling by the country's Supreme Court.
by Mambaonline.com
21-03-2023 11:04
in LGBTQIA
Guillermo Delgado and Phillip L hl waiting for Monday's Supreme Court decision on their son's citizenship (Photo: Namibia Equal Rights Movement) via Mambaonline
The child of a same-sex couple in Namibia will remain without citizenship following a devastating ruling by the country's Supreme Court.
--
On Monday, a full bench of justices overturned the 2021 lower court ruling that four-year-old Yona Delgado-L hl was entitled to Namibian citizenship by descent.
ALSO READ: Prof Tim Noakes slammed for homophobic cartoon retweet
The boy was born via surrogacy in South Africa to Namibian Phillip L hl and his Mexican husband, Guillermo Delgado.
--
The Namibian government has refused to grant Yona citizenship, despite L hl being named one of the parents on his birth certificate.
Officials have demanded a DNA test to confirm that he is genetically related to L hl and do not recognise the couple's marriage.
The Supreme Court's decision did not address the crucial issue of unfair discrimination against the child based on his parent's relationship and instead used a technicality to rule against the family.
--
ALSO READ: Masc gay men discriminate against fem gay men in the workplace
It agreed with the Ministry of Home Affairs that the couple had failed to register Yona's birth in Namibia within one year, as required by the law.
Join us at the Supreme Court on Monday at 9AM. Because there was non-compliance with the Citizenship Act, the minister was correct in not granting the minor child citizenship by descent, the court found
The couple's lawyer, Uno Katjipuka-Sibolile, told journalists outside the court that the ruling was unfortunate and that at the end of the day, they are running with a technical point that was not properly raised in my opinion [and] that doesn't make any sense.
She said that L hl will now have to register Yona's birth which we know what Home Affairs is going to do - it is going to reject any attempt at registration because they have been consistent in their harassment of this family .
ALSO READ: Adoption of Hate Crimes and Hate Speech Bill welcomed
Katjipuka-Sibolile explained that the family are back at square one: The expected rejection of the registration application will have to again be challenged in the High Court and then in the Supreme Court, giving the family no respite from the stressful legal process.
In a video posted on Sunday ahead of the ruling, L hl - who has two other young children through surrogacy - said he was not feeling very positive but hoped for closure to the case.
He added that it has been strange to sit in court and have people debate if his child is his.
Sadly, the couple's worst fears were realised on Monday.
ALSO READ: Steve Hofmeyr to pay R100,000 to LGBTIQ group
Families Belong Together! Join us at the Supreme Court on Monday at 9AM. #WeBelong pic.twitter.com/NI8ygc5uYx
- Namibia Equal Rights Movement (@EqualNamibia) March 19, 2023
STRUGGLE FOR CITIZENSHIP Lawyer Uno Katjipuka-Sibolile reacts to a Supreme Court decision in a case in which Namibian citizen Phillip L hl is battling to have the Namibian citizenship of his four-year-old son, who was born in South Africa through a surrogate pregnancy pic.twitter.com/RyW8EUASbP
- The Namibian (@TheNamibian) March 20, 2023
Article by Roberto Igual
This article was initially published on MAMBAonlie.com
CLICK HERE TO READ MORE ARTICLES BY Mambaonline.com
SOAPIE QUIZ: How well do you know Gqeberha: The Empire'? ENTER HERE & WIN R1 000 in cash!
Africa Stories
10/05/2025
The National Film and Video Foundation (NFVF), an agency of the Department of Sp...
09/05/2025
The National Film and Video Foundation (NFVF), an agency of the Department of Sp...
09/04/2025
The National Film and Video Foundation (NFVF) is pleased to announce that the ca...
08/04/2025
We are pleased to announce the appointment of Mr. Vincent Blennies as Chief Exec...
04/04/2025
The National Film and Video Foundation (NFVF) invites final-year animation students to submit character designs inspired by lead characters from any South Afric...
14/03/2025
The National Film and Video Foundation (NFVF) is pleased to announce that the ca...
01/03/2025
Antis pticos Orales: Revisi n De La Literatura Y Perspectiva Actual Influenza son contradictorios, dadas las elevadas tasas de curaci n espont nea. De ser neces...
28/02/2025
The Future of Green Energy: Challenges and Prospects Green energy, also known as renewable energy, has emerged as a critical solution to global energy challenge...
27/02/2025
Beginner Coding in Python: Building the Simplest AI Chat Companion Possible
AI-powered Personal VoiceBot for Language Learning by Gamze Zorlubas
You can ear...
24/12/2024
The National Film and Video Foundation (NFVF) is calling for applications from South African film and television filmmakers to be part of the NFVF's delegat...
06/12/2024
The National Film and Video Foundation (NFVF) is pleased to announce that the cl...
30/11/2024
The National Film and Video Foundation (NFVF) is pleased to announce that the ca...
16/11/2024
The National Film and Video Foundation, an agency of the Department of Sport, Ar...
16/11/2024
The National Film and Video Foundation (NFVF) invites emerging female producers ...
16/11/2024
The National Film and Video Foundation (NFVF) invites current masters students t...
30/10/2024
Johannesburg, 26 October 2024 - The 18th Annual South African Film and Televisio...
30/10/2024
BEST ACHIEVEMENT IN SOUND DOCUMENTARY
!Aitsa
Practitioner: Simon Kohler
Production House: MED CINE
BEST ACHIEVEMENT IN EDITING DOCUMENTARY
Rise: The Si...
24/10/2024
In accordance with Section 6 (2) (c) of the National Film and Video Foundation A...
19/10/2024
The National Film and Video Foundation (NFVF) invites postgraduate students to s...
15/10/2024
The National Film and Video Foundation (herein referred to as NFVF) is a statutory body set up by the government to grow and develop the South African Film and ...
11/10/2024
10 October 2024 Johannesburg, South Africa - The National Film and Video Found...
09/10/2024
Sportel stand number: Ravel Hall G06/07 After a summer filled with intense sport emotions in Paris, France and beyond, Globecast will be happy to welcome you...
04/10/2024
SAFTAs 18 Announces Date and Theme: Honouring Excellence in South African Film and Television with the theme Back to Basics . Johannesburg, South Africa Wedn...
04/10/2024
Johannesburg, South Africa Wednesday, 2 October 2024 The South African Film ...
01/10/2024
Johannesburg, South Africa - Monday, 30 September 2024 - The National Film and Video Foundation (NFVF), an agency of the Department of Sport, Arts and Culture (...
24/09/2024
Every little girl out there who has felt different because they are not what soc...
09/09/2024
The National Film and Video Foundation (herein referred to as NFVF) is a statutory body set up by the government to grow and develop the South African Film and ...
06/09/2024
Johannesburg, 05 September 2024 - The National Film and Video Foundation (NFVF),...
09/08/2024
Johannesburg, 8 August 2024 - It is with profound sadness that the National Film...
01/08/2024
Globecast to Showcase the Broadcast Industry's Most Advanced Connectivity and Hybrid Cloud Solutions at IBC 2024
PARIS, 1 August 2024 Globecast, the lead...
16/07/2024
The National Film and Video Foundation (NFVF), an agency of the Department of Sp...
13/07/2024
The National Film and Video Foundation (NFVF), an agency of the Department of Sp...
09/07/2024
The NFVF, an agency of the Department of Sport, Arts and Culture that is created...
02/07/2024
Arabsat, ASBU and Globecast are commemorating 20 years with a renewed multi-year deal for Global Arabic Bouquet (GAB) services, providing a wide range of DTH di...
11/06/2024
Tuesday 11 June 2024, Johannesburg. The National Film and Video Foundation (NFVF...
31/05/2024
The National Film and Video Foundation (NFVF), the custodians of the South African Film and Television Awards (SAFTAs), has learned of the allegations of ill-tr...
22/05/2024
Judge blocks auction of Elvis Presley's Graceland estateA judge in Tennessee has temporarily halted a foreclosure sale of Graceland, the historic home of El...
22/05/2024
Skeem Saam: Wednesday's episode, 22 May 2024 [video]Missed an episode of Skeem Saam? No problem! Watch the latest episode of your favourite South African so...
22/05/2024
Tonight's Scandal: Jojo draws a line in the sand and Phaka must make a decis...
22/05/2024
Tonight on House of Zwide: A costly request from Adani and Keletso, breaking the...
22/05/2024
Tonight on Smoke and Mirrors: Dikeledi's death at the hands of Mthetho leave...
22/05/2024
Skeem Saam: Tuesday's episode, 21 May 2024 [video]Missed an episode of Skeem Saam? No problem! Watch the latest episode of your favourite South African soap...
22/05/2024
Shaka ILembe': Mzansi Magic denies food poisoning incident, confirms deathMzansi Magic has responded following reports that two Shaka ILembe' season tw...
22/05/2024
Bridgerton's third season sizzles with record-breaking viewership Bridgerton' Season 3 Part 1 shattered records with a staggering 45.1 million views wit...
22/05/2024
Tonight on Skeem Saam: The Maputlas find out about Ntswaki's liesDon't miss Wednesday, 22 May's riveting episode of South African soapie Skeem Saam ...
21/05/2024
WATCH: Tonight's Scandal teaser - 21 May 2024Don't miss Tuesday, 21 May's riveting episode of South African soapie Scandal! on e.tv on DStv channel ...
21/05/2024
Tonight on Skeem Saam: Sthoko and Babeile's reunion puzzles and shatters the...
21/05/2024
Tonight on House of Zwide: Soka is forced to lie after Mampho catches him prepar...
21/05/2024
Skeem Saam: Monday's episode, 20 May 2024 [video]Missed an episode of Skeem Saam? No problem! Watch the latest episode of your favourite South African soapi...
Namibia: Supreme Court keeps gay couple's son in limboThe child of a same-sex couple in Namibia will remain without citizenship following a devastating ruling by the country's Supreme Court.
