Namibia’s Supreme Court Upholds Conviction of Jacob Zuma's Former Lawyer for Immigration Violations

In a landmark case reinforcing the integrity of Namibia's immigration policies, the Namibian Supreme Court of Appeal (SCA) has confirmed the conviction of two high-profile South African advocates, Mike Hellens and Dawie Joubert. Known for their elite clientele, including former South African President Jacob Zuma, they faced legal repercussions for violating Namibian immigration laws. This stringent verdict emphasizes Namibia's stance on adhering to legal protocol, regardless of the individuals' statuses or international stature.

The advocates, in 2018, entered Namibia on visitor’s permits—meant strictly for tourism or short visits–– to offer legal representation in a case imbued with notoriety due to its association with once-influential political figures. The case revolved around a fishing quota kickback scandal involving former Namibian ministers. The law in Namibia unequivocally necessitates that foreign lawyers procure worker’s permits before engaging in any form of employment within its jurisdiction, a stipulation Hellens and Joubert overlooked. Their high-profile representations in South Africa, including defendants in the Arms Deal and Vrede Dairy Project matters, could not shield them from the grasp of Namibian legal expectations.

Upon their initial conviction by the Windhoek Magistrate Court, the counsels faced a choice between a N$10,000 fine or an 18-month prison sentence. Their immediate payment of the fine underscored a seeming acknowledgment of their oversight. However, they later contested the Magistrate Court’s ruling, asserting that their guilty plea was not voluntary but coerced, and that they were under duress and uninformed regarding the requirement for worker’s permits by their instructing legal practitioner. Despite these claims, the Windhoek High Court dismissed their appeal in September 2020.

The tandem of the criminal conviction appeal coexisted with a civil case where Hellens and Joubert sought a judicial review to annul their convictions and sentences. In an initial win for the advocates, the High Court ruled in their favor in June 2021. However, the resolute stance of Namibian Home Affairs Minister, Albert Kawana, led to an escalation of the dispute to the SCA, persistently challenging the High Court's civil ruling.

The scrutinizing review by the SCA panel of judges concluded with clarity. Hellens and Joubert’s argument that their guilty plea was involuntary could not stand against the evidence on record. Their experience as senior counsels contravened the narrative of unwitting naivety they presented. The judgment detailed that the advocates acted knowingly, contradicting the portrait of compromised autonomy painted in their appeal narrative.

This case sets a precedent not just within the confines of Namibian jurisprudence but also signals a cautionary tale to the international legal fraternity. It exemplifies Namibia’s upholding of the rule of law uniformly applied, and the necessity for legal practitioners to acutely familiarize themselves with the legislative requirements of their destination when practicing cross-border law.