Immigration bans baby girls from Namibia

21 March 2021 | Justice

A Namibian father of three has brought an urgent appeal to the Windhoek
High Court after immigration authorities effectively declared his newborn twin
daughters stateless and banned them from coming home with him after their
birth this month in South Africa.
The twins, Maya and Paula Delgado Lühl, were born via surrogacy to
Namibian citizen Phillip Lühl and his Mexican husband Guillermo Delgado
Castañeda who have made a home in Namibia since 2009.
The couple have a two-year-old son who stayed behind with Castañeda in
Namibia while Lühl attended the birth.
The ministry of home affair’s refusal to issue the children the necessary travel
papers has effectively rendered them “stateless and homeless”, court
documents explain.
Lühl’s affidavit underlines that home affairs’ decision to ban their travel back
home with him is an attempt to “forcibly separate me from my children,
thereby leaving them uncared for, abandoned and stateless. Nothing could be
further from the best interests of the children.”
While the birth certificates identify Lühl as their legal parent, they are not
South African citizens and in order to be able to travel home, they need either
a passport or an emergency travel document. Usually, children assume the
nationality of their parents, but in this case, Namibian authorities refuse to do
“We have the right to come home,” says in court documents.
In a video posted and shared by him over the weekend, he said:
“As we celebrate Independence Day tomorrow we should remember that for
many members of the LGBTQ community the words ‘freedom and equality’
still ring quite hollow. And we have a minister of home affairs who is
essentially closing the door of the Namibian house to two baby girls who are
not even one week old today.”
He appealed for support “to end this discrimination and to allow Paula and
Maya to come back home.”

The Namibian Equal Rights Movement has called on allies to join a march on
25 March before the urgent application will be heard in Windhoek.
Lühl and Castañeda have long faced hurdles at the hands of immigration
authorities, who refuse to acknowledge their older son’s citizenship by
descent, and Castañeda’s residential rights, contrary to the treatment of
heterosexual spouses in similar situations.
Lühl’s affidavit says the ministry’s conduct towards his family, and now his
newborn daughters, “is not only entirely unreasonable, it is callous,
disrespectful, irresponsible and downright malicious.”
Lühl argues that ignoring his daughter’s birth certificates makes no sense,
and is not justified “simply because they cannot fathom that two males can
lawfully be parents to a child.”
He underlines that the ministry is “so intent to harass me and my family, that
they and their officials are willing to violate just about every right my children
have in terms of not only the Namibian constitution, but internationally binding
law on the rights and welfare of children.”
Lühl’s legal team will argue that he and his husband have the right to a family.
And, while the home affairs ministry will insist that marriage can only be
possible between a man and a wife, this heterosexual male-female link
“cannot be extended to the concept and notion of family.”
Lühl will be represented by lawyer Unomwinjo Katjipuka-Sibolile from Nixon
Marcus Public Law Office, while the home affairs minister is represented by
government lawyer Jabulani Ncube.
The case will be heard on Thursday at 09:00 by High Court judge Thomas

Similar News


Family’s battle to reunite continues

1 day - 21 April 2021 | Justice

Windhoek • [email protected] Namibian High Commission in Pretoria on Tuesday briefly shut the door to Namibian Phillip Lühl after he tried to submit a formal...

Whistleblower Stefánsson scoops WIN WIN award.

1 day - 21 April 2021 | Justice

This year’s winner of the WIN WIN Gothenburg Sustainability Award is the Icelandic whistleblower Jóhannes Stefánsson, who led the revelation of a widespread corruption scandal...

Family crushed by court ruling on baby girls

4 days ago - 19 April 2021 | Justice

Windhoek • [email protected] what has been described as a judicial cop out, a Namibian High Court judge on Monday refused to set aside the Ministry...

Facebook insult costs N$20 000

2 weeks ago - 07 April 2021 | Justice

Windhoek • [email protected] Mariental doctor has won a defamation suit against a man who in 2018 made public claims on Facebook accusing the doctor of...

SA minsters urged to help Namibian twins Maya and...

3 weeks ago - 28 March 2021 | Justice

Windhoek • [email protected] South African Democratic Alliance (DA) is pushing South African ministers of immigration and international relations to take a stand against Namibia’s refusal...

Security company sued for shooting incident

1 month - 05 March 2021 | Justice

Windhoek • [email protected] High Court judge this week gave the greenlight for a lawsuit to continue in which two shooting victims are suing Shilimela Security...

Bad news for same-sex married couple

1 month - 01 March 2021 | Justice

Windhoek • [email protected] Windhoek High Court judge on Friday handed down a defeat to a foreigner married to a Namibian citizen who wanted to be...

Ombudsman tackles CLS favouritism

1 month - 25 February 2021 | Justice

Windhoek • [email protected] John Walters has launched a legal challenge against a Cabinet decision that he argues is unlawful and prejudiced in favour of Namibia’s...

August 26 embroiled in food fight

1 month - 25 February 2021 | Justice

Windhoek • [email protected] defence ministry and two of its August 26 for-profit companies are suing former Windhoek mayor Matheus Shikongo and his company for breach...

Access to courts enhanced

1 month - 22 February 2021 | Justice

Justice minister Yvonne Dausab tabled the Magistrates’ Courts Amendment Bill in a bid to, among others, increase the monetary jurisdictions of magistrate’s courts last weekDausab...

Latest News

Struggle kids ‘stigmatised’

11 hours ago | Social Issues

Children of the liberation struggle, also known as ‘struggle kids’, feel it is hard for them to secure employment outside government, because there is a...

Central estates agents awarded

11 hours ago | Banking

Aqua Real Estate, Rightmove Properties Windhoek and Arnel Properties were announced as the top three central estate agencies servicing Bank Windhoek.In the category for Residential...

Knight Piésold celebrates a century

11 hours ago | Business

From its humble beginnings in South Africa on 1 April 1921, Knight Piésold has established and grown its local operations within Southern Africa, through its...

Visual arts on a roll!

1 day - 21 April 2021 | Art and Entertainment

The Bank Windhoek Triennial 2020 Awards ceremony and exhibition opening takes place on Thursday (22 April 2021) at 16:00. With 491 submissions received of which...

Family’s battle to reunite continues...

1 day - 21 April 2021 | Justice

Windhoek • [email protected] Namibian High Commission in Pretoria on Tuesday briefly shut the door to Namibian Phillip Lühl after he tried to submit a formal...

Campaigning for counselling

1 day - 21 April 2021 | Crime

Members of Parliament (MPs) have proposed compulsory counselling and psychological support for victims, perpetrators or anyone exposed to gender-based violence to end the cycle of...

Whistleblower Stefánsson scoops WIN WIN...

1 day - 21 April 2021 | Justice

This year’s winner of the WIN WIN Gothenburg Sustainability Award is the Icelandic whistleblower Jóhannes Stefánsson, who led the revelation of a widespread corruption scandal...

Sewing machines, fabric for NCS

1 day - 21 April 2021 | Business

Mulungushi Textiles & Importers recently donated overlock sewing machines and fabrics worth around N$100 000 to the Namibian Correctional Services. The Khomas & Hardap regions...

Is your agent making use...

1 day - 21 April 2021 | Life Style

The way we live and work has been dramatically altered by the pandemic. It follows then that the way people buy and sell houses will...

Load More