Joubert & Another v State (HC-MD-CRI-APP-CAL 20 of 2020) [2021] NAHCMD 245 (21 May 2021)

Joubert & Another v State (HC-MD-CRI-APP-CAL 20 of 2020) [2021] NAHCMD 245 (21 May 2021)

The court found that although it had previously concluded the applicants were carrying on a profession in contravention of the Immigration Control Act, there remains a reasonable possibility that another court may find that a once-off pro hac vice bail application does not constitute carrying on a profession. Therefore, leave to appeal was granted.

Citation
[2021] NAHCMD 245
Parties
Appellant: David Johannes Joubert; Appellant: Michael Robert Hellens; Respondent: The State
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
21 May 2021
Case Number
HC-MD-CRI-APP-CAL 20 of 2020
Procedural Posture
Criminal Appeal / Application for Leave to Appeal
Outcome
leave to appeal granted
Legal Topics
Interpretation of 'carry on Any Profession', Visitor's Entry Permit, Employment Permit, Pro Hac Vice Appearance, Mens Rea
Source Language
English
Criminal Law Immigration Law Interpretation of 'carry on Any Profession' Visitor's Entry Permit Employment Permit Pro Hac Vice Appearance Mens Rea

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

David Johannes Joubert

Appellant

Michael Robert Hellens

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether engaging in a once-off pro hac vice bail application constitutes 'carrying on any profession' under the Immigration Control Act
  2. 2 Whether the applicants could lawfully obtain the required permit for their activities
  3. 3 Whether the conviction and sentence were correct given the facts and law

Ratio Decidendi

The court found that although it had previously concluded the applicants were carrying on a profession in contravention of the Immigration Control Act, there remains a reasonable possibility that another court may find that a once-off pro hac vice bail application does not constitute carrying on a profession. Therefore, leave to appeal was granted.

Court Disposition

leave to appeal granted

Orders

  • The request for leave to appeal is granted.