Gay rights dealt blow

The Namibian Supreme Court has ruled that gay and lesbian relationship cannot claim to have the same legal status in Namibia as heterosexual unions, 'The Namibian' said on Tuesday. According to the report the bench of the Supreme Court was split on the issue.

The report said acting Judge of Appeal Pio Teek concurred with a judgement penned by Acting Appeal Judge Bryan O'Linn, with Chief Justice Johan Strydom dissenting, in setting aside a 1999 High Court judgement of then Acting Judge Harold Levy.

The two Acting Appeal Judges agreed that the Immigration Selection Board had to be ordered to again consider an application by German citizen Liz Frank to be issued a permanent residence permit. However, they also dealt Frank a setback in her quest to have her long-term lesbian relationship with a Namibian citizen recognised as a factor that should count in her favour when her permanent residence application is considered.

The court argued that such a relationship is not recognised under Namibian law. Frank has lived in Namibia since 1990, and has since then been involved in a lesbian relationship with her Namibian-born partner, Elizabeth Khaxas. In terms of the court's order she now has 30 days within which to make written representations to the Board, after which the Board has to make a decision on her application within the next 30 days after that.