Quite a dramatic statement was recently made by a judge in Namibia ordering in his judgement the Department of Home Affairs to design a training program for their officials in order to increase compliance with the law.

Judge in Namibia made dramatic statement

“A shocking exposure of the institutional incompetence of the Ministry of Home Affairs and Immigration” is what Judge Shafimana Ueitele called the unlawful detention of almost 50 people assumed to be in Namibia illegally.

Ombudsman John Walters, an official office bearer appointed to investigate complaints from individuals, has sued not only the Minister of Home Affairs & Immigration, the Ministry’s Chief of Immigration and the Immigration Tribunal but as well the Minister of Safety & Security for the illegal detention of almost 50 people assumed to be in Namibia illegally.

It was brought to the court’s attention that the warrants allowing the detention of the individuals detained were not signed, thus making the detention of the individuals illegal.

Training programs needs to be designed

As a result of the ineptitude of the Home Affairs and Immigration officials, Judge Ueitele ordered the Ministry of Home Affairs and Immigration to design a training programme for all the officials whose responsibilities include the implementing of the Immigration Control Act. In addition to the training, a programme must be developed that will assist the ministry with the surveillance of the detention of illegal immigrants.

The implementations of the programmes are to be established by end of September 2018.

In closing, Judge Ueitele has ordered that no individual that has not been properly trained on the Immigration Control Act be in a position of authority to act under the law come end of November 2018. These are orders with quite dramatic practical consequences and we will see how it effects the adjudication of normal work visa and the overall performance of the immigration system.

Please do not hesitate to contact us for advice regarding immigration & visa, setting up business, property transfer & investment.

by Andreas Krensel