Joubert v S [2020] NAHCMD 396 (4 September 2020)

Joubert v S [2020] NAHCMD 396 (4 September 2020)

Appearing in court to represent clients, even for a single bail application, constitutes carrying on the profession of advocate under the Immigration Control Act. The Legal Practitioners Act and the Immigration Control Act operate independently, and a certificate under the former does not exempt compliance with the latter. The grounds of appeal lack merit and the convictions and sentences are upheld.

Citation
[2020] NAHCMD 396
Parties
First Appellant: David Johannes Joubert; Second Appellant: Michael Robert Hellens; Respondent: The State
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
4 September 2020
Procedural Posture
Criminal Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
False or Misleading Information to Immigration Officers, Contravention of Visitor's Permit Conditions, Professional Practice by Foreign Advocates, Sentencing, Appeal Against Conviction and Sentence
Source Language
English
Immigration Law Criminal Law False or Misleading Information to Immigration Officers Contravention of Visitor's Permit Conditions Professional Practice by Foreign Advocates Sentencing Appeal Against Conviction and Sentence

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 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

David Johannes Joubert

First Appellant

Michael Robert Hellens

Second Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether a single court appearance constitutes 'carrying on a profession' under the Immigration Control Act
  2. 2 Whether a certificate under s 85(2) of the Legal Practitioners Act suffices for entry and practice without further immigration compliance

Ratio Decidendi

Appearing in court to represent clients, even for a single bail application, constitutes carrying on the profession of advocate under the Immigration Control Act. The Legal Practitioners Act and the Immigration Control Act operate independently, and a certificate under the former does not exempt compliance with the latter. The grounds of appeal lack merit and the convictions and sentences are upheld.

Court Disposition

Appeal dismissed

Orders

  • The appeal against convictions and sentences is dismissed.
  • The matter is finalized and removed from the roll.