Fishrot’s SA lawyers fail in appeal
Two South African lawyers who were arrested in Windhoek in November 2019 for violating immigration control laws after they wanted to represent one of the Fishrot defendants in a bail application had their appeal dismissed last week.
After their arrest, Mike Hellens and Dawie Joubert pleaded guilty in the Windhoek Magistrate's Court to two charges and were fined N$10 000 each.
The charges relate to the Immigration Control Act for rendering services as legal practitioners without an employment permit, and for providing false or misleading information to an immigration officer by stating that they came to Namibia for a meeting or visit.
"It appears that the appellants [Hellens and Joubert] pleaded guilty because they did not want to spend the weekend in jail," court documents filed after their conviction read.
Hellens and Joubert then brought appeal application against the magistrate's decision to the Windhoek High Court.
The application was dismissed, but another application for leave to appeal was granted and they submitted a new appeal application to the High Court.
Judgment in this application was delivered last Thursday and was also dismissed.
Supreme Court appeal
In their latest appeal application in the High Court, Hellens, Joubert and their legal representatives claimed that a person who appears in a once-off bail application does not practice a profession and does not require employment permits as they are only issued to people residing in Namibia.
They further claimed that they received certificates from the Chief Justice that allow foreign lawyers to represent a person in court proceedings in Namibia.
However, the existence of these certificates was not disclosed to the magistrate during the lawyers’ first appearances and subsequent convictions.
No error
A full bench of judges last week ruled that Hellens and Joubert failed to prove that the magistrate who found them guilty made a legal error.
"Based on the material placed before the magistrate, we cannot find that the magistrate made the wrong decision."
According to judges Hosea Angula, Shafimana Ueitele and Petrus Damaseb, a magistrate can only commit a legal error based on facts and circumstances established on the record.
"The certificates which are believed to have been issued to the appellants [Hellens and Joubert] were not disclosed to the magistrate and in the absence of evidence that they exist, it cannot be said that the magistrate erred," the judgment read.
Although lawyers are not allowed to have criminal records, a source close to the matter told Namibia Media Holdings that the Cape Bar has allowed Hellens and Joubert to practice again in South Africa.
–[email protected]
After their arrest, Mike Hellens and Dawie Joubert pleaded guilty in the Windhoek Magistrate's Court to two charges and were fined N$10 000 each.
The charges relate to the Immigration Control Act for rendering services as legal practitioners without an employment permit, and for providing false or misleading information to an immigration officer by stating that they came to Namibia for a meeting or visit.
"It appears that the appellants [Hellens and Joubert] pleaded guilty because they did not want to spend the weekend in jail," court documents filed after their conviction read.
Hellens and Joubert then brought appeal application against the magistrate's decision to the Windhoek High Court.
The application was dismissed, but another application for leave to appeal was granted and they submitted a new appeal application to the High Court.
Judgment in this application was delivered last Thursday and was also dismissed.
Supreme Court appeal
In their latest appeal application in the High Court, Hellens, Joubert and their legal representatives claimed that a person who appears in a once-off bail application does not practice a profession and does not require employment permits as they are only issued to people residing in Namibia.
They further claimed that they received certificates from the Chief Justice that allow foreign lawyers to represent a person in court proceedings in Namibia.
However, the existence of these certificates was not disclosed to the magistrate during the lawyers’ first appearances and subsequent convictions.
No error
A full bench of judges last week ruled that Hellens and Joubert failed to prove that the magistrate who found them guilty made a legal error.
"Based on the material placed before the magistrate, we cannot find that the magistrate made the wrong decision."
According to judges Hosea Angula, Shafimana Ueitele and Petrus Damaseb, a magistrate can only commit a legal error based on facts and circumstances established on the record.
"The certificates which are believed to have been issued to the appellants [Hellens and Joubert] were not disclosed to the magistrate and in the absence of evidence that they exist, it cannot be said that the magistrate erred," the judgment read.
Although lawyers are not allowed to have criminal records, a source close to the matter told Namibia Media Holdings that the Cape Bar has allowed Hellens and Joubert to practice again in South Africa.
–[email protected]
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