The chairperson of the Immigration Selection Board and the chief of immigration have failed with an attempt to appeal against a High Court judgement delivered last year.
The judgement ordered the board to issue a German couple planning to settle in Namibia permanent residence permits.
An appeal of the chairperson of the Immigration Selection Board and the chief of immigration against the judgement delivered in the Windhoek High Court last December has not succeeded in the Supreme Court, which on Thursday last week turned down an application to reinstate the appeal after it lapsed.
The board chairperson and chief of immigration appealed against a judgement in which acting judge Collins Parker ordered the board to issue permanent residence permits to a German couple, Christian and Stephanie Knoche, whose applications for permanent residence permits had been turned down by the board in July 2022.
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Christian Knoche informed the High Court that he is a retired lawyer, his wife is a medical doctor, both of them have sufficient savings to sustain themselves in Namibia without support from the state, and they have bought two fixed properties in Namibia.
The court was also informed that the Immigration Selection Board rejected their applications for permanent residence permits in July 2022, saying the couple did not provide proof that they had sufficient fixed assets in Namibia.
In his judgement, Parker found that the board's requirement that the couple had to provide proof of sufficient fixed assets in Namibia was outside the board's powers in terms of the Immigration Control Act, acting judge of appeal Theo Frank recounted in the Supreme Court's judgement.
A section of the act that states the Immigration Selection Board may not authorise the issue of a permanent residence permit unless an applicant shows they have sufficient means to maintain themselves in Namibia does not authorise the board to impose a requirement that an applicant for permanent residence must at the time of their application own fixed property in Namibia, Frank said.
He also noted that the act states the board may make the authorisation of a permanent residence permit "subject to any condition the board may deem appropriate".
This could include a condition that applicants who intend to retire in Namibia will not be allowed to take up any employment in the country, and it would also be "eminently reasonable" for the board to require the couple to show they own residential property in Namibia or have a lease agreement for property in the country, Frank said.
Such conditions can only be imposed after the board has been satisfied that other requirements stipulated in the act have been met, Frank added.
In their permanent residence permit applications, the Knoches satisfied the act's requirements with reference to property and funding in Germany, Frank said.
Since the appeal record was filed late at the Supreme Court because a legal practitioner misunderstood the time limit within which the record had to be filed, the court considered whether the appeal raised issues of public interest that would justify condoning the appellants' failure to comply with the court rules.
Frank concluded that the only issue of possible compelling public interest was the High Court's finding that the board acted outside its powers by requiring the couple to provide proof of fixed assets in Namibia.
He also found, though, there are no reasonable prospects that the court's finding on this point could be successfully challenged in the Supreme Court.
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Appeal judge Hosea Angula and acting judge of appeal Hannelie Prinsloo agreed with Frank's judgement.
Sisa Namandje and Taimi Iileka-Amupanda represented the Knoches in the appeal.
The appellants were represented by James Diedericks and Wana Chinsembu.
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