Namibia: Swart v. Minister of Home Affairs
Published: 21/Nov/1997
Source: High Court of Namibia
Swart v Minister of Home Affairs (1 of 1997) [1997] NAHC 2 (21 November 1997)
MARITZ, A.J. The applicant is a South African citizen resident in Namibia. He has been so resident since 1982. It is his declared intention to become a Namibian citizen by naturalisation. However, when he applied for such citizenship, officials in the Ministry of Home Affairs required of him to submit a copy of his permanent resident permit in support of his application. The applicant does not have and never had such a permit but contended that he was lawfully resident in Namibia and that his application should be considered without the need for him having to first apply for and obtain such a permanent residence permit. The opposing views held by the parties resulted in an impasse. When the officials failed to process the applicant’s application for citizenship without proof of permanent residence under such a permit, the applicant brought this application for an order declaring that he was eligible for the granting of Namibian citizenship by naturalisation without having to apply for and obtain a permanent residence permit and for a mandamus directing the respondent to process his application for Namibian citizenship.
[…]
In the result, the application is granted and it is ordered as follows:
1. The applicant is declared eligible for the granting of Namibian citizenship by naturalisation without first having to apply for and obtain a permanent residence permit.
2. The respondent is directed to process the applicant’s application for citizenship as soon as possible, but in any event no later than three months from the date of this order.
3. The respondent is ordered to pay the applicant’s costs of this application.
Download: Namibia Swart v Minister of Home Affairs 1997