The Windhoek High Court in Namibia refused an application to compel the Namibian Home Affairs Ministry to allow the twin daughters of a gay couple to enter Namibia.

The twin daughters have been left stranded in South Africa after the Namibian Home Affairs Ministry refused to issue travel documents for Paula and Maya Lühl-Delgado.

The Ministry demands genetic proof of parenthood. The two were born through a surrogate pregnancy in Durban last month.

In a short sitting in the Windhoek Magistrate’s Court, Judge Justice Masuku said allowing the application will constitute judicial overreach and interfere in the realm of the executive.

The couple’s lawyer Uno Katjipuka says they don’t accept this because the courts are the last line of defense. Katjipuka says the court failed the applicants.

“We would have to see the reasons for its decisions and then plan the way forward. But obviously, we are very very disappointed because, in our constitutional setup, the courts are the last line of defense. If the executive violates your rights, it is the court that you run to for relief and unfortunately the court, in this case, refused to come to the aid of the applicants and basically the fact that the family is separated continues to be the fact for the moment.”

One of the fathers, Phillip Lühl says this is a major setback for them as a family. “It is quite unexpected because one would expect that upholding basic human rights, not be outside of the ambit of the courts, it is a blow for sure, and we’ll have to regroup and see what follows from here which is all but speculation by now.”

The twins along with one of their fathers, Phillip Lühl remain stuck in South Africa – while their brother Yona is with Guillermo Delgado in Namibia

In the video below, court refuses for couple to enter Namibia