NTA Work Permit Scandal scares Attorney General to intimidate Plaintiff on 14/04/2016
The following write up captures the incompetence of the Attorney General of Namibia and her legal advisor as they abused power in a frivolous and vexatious act that grossly violated the tenets of the Labour Act, Act No. 11 of 2007 Sections 118 & 134 using an inappropriate piece of legislation, the Immigration Control Act, Act No. 7 of 1993 in a scandalous and improper dismissal of the Plaintiff, also the writer, ab initio 17/05/2012's arbitrary decision commissioned at Hosea Kutako International Airport purporting that "Employment in any form is prohibited" and this illegality commissioned at Hosea Kutako International Airport is the bedrock upon which the Attorney General of Namibia struggled to give sound legal advice and consequently, everything sitting on this illegality must fall fall on the wayside by Legal Action proceedings.
The Plaintiff' asserts that the Attorney General has incompetence by shielding an arrogance and abuse of power. The complaint was copied to Judicial officer of the managing judge and if need arise, the Judicial Service Commission, need an oversight on the Attorney General’s tearing of a High Court Order A18/2015 originating from Oshakati High Court on 04th April 2016 as the case A18/2015 was closed already and Windhoek High Court opened A191/2015 thereafter.
The Attorney General filed fatal papers in court without first serving the writer and this incompetence induced the Attorney General to intimidate, harass, threaten and abused his powers to settle scores over his failure to file a proper notice of intention to defend Action and her legal advisor, one Margaret Malambo threw the towel after intimidating the writer with frivolous and vexatious conduct extracted from her emails as follows;
Dear Sir,
Kindly refrain from sending me unnecessary emails. Our office does not represent the NTA and as such all your complaints are falling on deaf ears.
- Be advised that you are prohibited from serving documents at our office ( Sanlam Building) due to you violent outburst on Thursday (14/4/16). Security is under strict instructions to have you arrested should you persist. In future, kindly serve all our documents at the Law Society.
Thank you for the intimidation.
Please be informed that, I was wrongfully arrested and kept in consequential detention already by your client, the Minister of Home Affairs' officers at Hosea Kutako International Airport on 17/05/2012 and since then, I fear nothing and whatever grand plans that you have to arrest me will not deter me and what your officers did on 14/04/2016 was vague, frivolous and vexatiously embarrassing.”
Namibia Training Authority paid an Air Ticket from Zimbabwe to Namibia to take up her employment and the Minister responsible for Immigration Control Act, Act No. 7 of 1993’s officers endorsed an arbitrary decision purporting that “Employment in any form is prohibited” in the Passport and this is an illegality to be set aside by Action I3689/2015
The writer does not fear Attorney General of Namibia’s intimidation threats because his fellow Zimbabwean citizen, Goodhope Chibika, was also wrongfully arrested and detained in the early morning hours of November 2011 by Claudia Shilunga, an Immigration officer. and High Court Acting Judge, Andrew Corbett immediately ordered an investigation into the conduct of Claudia Shilunga (Source: www.thenamibian.com.na). The Anti-Corruption was also requested to probe the arrest and detention of Goodhope Chibika, a Zimbabwean trained and qualified teacher resident in Namibia and already married to a Namibian woman in a marriage of convenience.
A Windhoek resident, Martin Simwanza, opened a case of abuse of power against a Grootfontein magistrate, Stanley Tembwe, with the Magistrates Commission, after Tembwe allegedly used his position to have Simwanza arrainged in a criminal court over a public social media spat, the two were involved in (See www.confidente.com.na, By Selma Tseitseimou reported 07/04/2016). The issue of intimidation and abuse of power to settle score also visited the writer who invoked the Constitution and opened a criminal case against Titus Malangu under CR75/07/2015 at Ongwediva Police Station. The Prosecutor General’s decline to prosecute CR75/07/2015 case, justified Titus Malangu to break into the writer’s house and confisticate his personal and intellectual property in contempt of A16/2014 and A17/2014 court orders acceded to in court by Namibia Training Authority.
The writer was not deterred and he still engaged Ongwediva Police detectives to accompany him to the scene of crime and demolition of the house was observed and the writer took pictures of the wrongful house break-in commissioned without his consent and without any proper notice served. The contempt of the court orders grossed in another case I20/2016 against both Titus Malangu and Namibia Training Authority and they all defaulted to appear at Oshakati High Court after filing a frivolous and vexatious I20/2016 Case Plan suffering a fatal peremptory deficiency in prospects of success.
The Attorney General and her officers at Sanlam Building Center, have abused power by refusing to be served I3291/2015 and related cases and her attempt to hire security hit a brick wall as the security is aware of their arrogance and where briefed already about their mala fides and they have no legal right to mislead the writer to file a complaint to the Law Society as a complaint was filed with the managing judge whom they have motivated to postpone the case on several occasions in a frivolous and vexatious conduct before she current claim that she is not part of NTA, yet in practice they penned and filed a fatally defective I3689/2015 Case Plan without first filing a proper notice and defaulted to file Rule 6(4) return of service at their chosen address within 8 kilometers of Oshakati.
A case of crimen injuria was not opened by the Attorney General at Sanlam Building Center in Independence Avenue in Windhoek and no Summons were sent to me, for me to appear in the Windhoek Magistrate’s Court on 17th May 2012 after I was wrongfully arrested and kept in consequential detention from inception until 14th April 2016 at the instigation of the Minister for Immigration Control Act, Act No. 7 of 1993 officers. In terms of the Namibian Constitution, I did not commit a criminal offence defined under the Criminal Codification Act. I did not receive any content of the summons explaining to me properly why I was wrongfully arrested at Hose Kutako International Airport as Namibia Training Authority defaulted to obtain and pay for my work permit after paying a South Africa Airways Air Ticket in a scandalous scam of human trafficking.
According to Paidamoyo Muzulu, (https://www.newsday.co.zw/2016/03/16/kuwaiti-embassy-official-charged-human-trafficking/., reports that reports that Brenda Avril May, a KUWAITI Embassy official appeared before Harare magistrate Elijah Makomo and charged with human trafficking. May, who works at the embassy’s front office, is accused of trafficking three Zimbabweans to Kuwait in 2015 under the pretext that they would be employed as nurse aides, but were eventually used as housemaids working for 22 hours a day without getting any proper meals and communication with the outside world was restricted.
In Namibia, the writer also fell victim to the same scam style started at the Embassy of Namibia in Harare and he was put under exploitation with communication with the outside world restricted and (+263 785 207 729 and +263 785 207 742) intercept my Namibian cell phone when I call my family in Zimbabwe and this syndicate in Zimbabwe has a role to play in the botched human trafficking scam initiated by Namibia Training Authority and the Attorney General of Namibia has given faulty legal advisor to Margaret Malambo, Labour Commissioner, the Arbitrator, Ms Maano Kalomo, Chairperson of Immigration Selection Tribunal, Permanent Secretary and Minister for Immigration Control Act, Act No. 7 of 1993 officers and their work permit sits on an illegality ab initio 17/05/2012 arbitrary decision purporting “Employment in any form is prohibited” to justify a case of human trafficking.
Human trafficking and slavery is rife in Southern Africa Development Community (SADC) especially among expatriates who are lured into the Diaspora for better opportunities where on entry in the host country, they often get a raw deal. The Immigration Control Act, Act No. 7 of 1993 in Namibia has been abused to cause a wrongful arrest and unlawful consequential detention of foreigners for exploitation, acts of slavery and person abuse at the instigation of immigration officers answerable to the Head of State via the Minister of Home Affairs. The writer challenged his wrongful and unlawful arrest and subsequent consequential detention from inception 17/05/2012 until 14/04/2016 and the Attorney General of Namibia confisticated his summons and pleadings in a rage of anger on 14/04/2016 at Sanlam Building in Independence Avenue in Windhoek while Titus Malangu alleged on 13/04/2016 at 17:22 hours, “Let us meet at my office tomorrow at 8h00. Titus Malangu at vvtc.”
Human trafficking and acts of slavery in Namibia is a scam and this writer has a clear testimony of undeniable evidence of its existence on a large scale in Zimbabwe and Namibia, two respective countries with first hand tangible data of a scourge that is rife in the Southern African Development Community (SADC). Namibia has challenges with its immigration laws and how foreign nationals are treated especially at Katima Mulilo ports of entry. The Minister for Immigration and Home Affairs has bemoaned Namibian women who fall prey into marriages of convenience with foreign nationals who often escape the brutal arrests and go back to their country leaving behind the vulnerable Namibian woman to fend for themselves.
According to (Source: www.namibian.com.na 31 July 2014.), Home affairs and immigration minister Pendukeni Iivula-Ithana said in parliament that; “The country's Immigration Control Act 7 of 1993 remains an operational challenge due to loopholes, particularly when it comes to the administration of domicile and interpretations by courts. The Act regulates and controls the entry of persons into Namibia, and provides for the removal from this country of certain immigrants.”, as she presented “a draft bill in this regard is at an advanced stage, and will soon be tabled in parliament once all consultations are completed”. News - National | 2014-Immigration Control Act remains a challenge Source: www.namibian.com.na 31 July 2014.
According to ( April 27, 2915, APA Copyright : ? APA), Namibia women have been warned against marriage of convenience. The Immigration minister Pendukeni Iivula-Ithana warned young Namibian women to desist from entering into marriage of conveniences with foreign national as she was quoted by the www.thenamibian.com.na complaining that young women misunderstood the concept of marriage as it exposes them to risks of being used by foreigners, who often only marry locals in order to acquire Namibian citizenship. The following is verbatim quote from the minister;
“Our girls have understood marriage differently. It is no longer love, it is no longer about being together. It’s about meeting at the magistrate’s court, sign the [marriage] papers and divorce later, she said. As long as her bank account is taken care of afterwards, as she was quoted as saying. According to Iivula-Ithana, her ministry issued around 890 identity certificates to foreign nationals married to Namibians from 2014 to 2015. The Windhoek-based daily reported that complaints about bogus marriages come five years after the Namibian constitution was amended to extend the waiting period required for acquiring citizenship by marriage from two years to ten years for foreigners ordinarily residing in Namibia as a spouse. Signature : APA Copyright : ? APA.”
The Attorney General abuse Zimbabwean lawyers assisting him to abuse fellow Zimbabweans in Namibia. For example, High Court Acting Judge Corbett commented that the Minister did not at least file papers with the court to indicate that she was distancing herself from Shilunga's conduct and Government Lawyer, Tinashe Chibwana, a Zimbabwean, gave an impression that the gross abuse of powers Shilunga is accused of, is tolerated or condoned by the Ministry of Home Affairs and Immigration. Tinashe Chibwana, eight other Zimbabwean lawyers working with Attorney General watched haplessly as Attorney General tear off Hon. Justice Cheda’s A18/2015 order issued on 04/04/2016, at Sanlam Building.
The writer warned him to set aside his fatal emotions as the A18/2015 issued on 14/04/2016 was heading to court on 14/04/2016 at 10:00 hours and this motivated him to invite Security staff who were already aware of the scam commissioned ab initio 17/05/2012 after the writer previously briefed them at 07:55 hours on 14/04/2016 and was granted entry permission and they were fully alert and were on guard to be fearless witnesses of the Attorney General’s erstwhile conduct at 2nd Floor offices where the scandal always raise its ugly head and the legal advisor had to distance self from the case as evidenced by the email exchanged on 15th April 2016 after court. The managing judge was briefed in court fatal defects on A18/2015 Court Order issued from Oshakati where Judge Cheda presided over it on 04/04/2016 and the correct file was subsequently transferred to Windhoek as Hon. Justice Cheda recused self.
The public media in Namibia, (Sonja Angula’s www.observer.com.na, 23-29 October 2015) and (Mbangula’s www.informante.com.na, Jun 12, 2014) articles are very hostile towards immigrants as Mbangula reports that “About 60 illegal immigrants, including one female, appeared before Oshakati Immigration Tribunal last Friday, 6 June 2014 charged with illegal entry into the country.” The writer and an alien is often accused of illegal status in this country where Namibia Training Authority brought him legally and the issue of illegality is neither here nor there and it is the Namibian, Titus Malangu, who acted in contempt of A16/2014 and A17/2014 when he commissioned wrongful and unlawful cause of action in the act of house break-in, confistication of court records, personal and intellectual property to justify I20/2016 Action are why he is shielded while the writer is falsely persecuted and prosecuted by Attorney General is mere abuse of power.
Namibia is experiencing a surge in the number of illegal immigrants coming into the country, mostly young people fleeing war-torn Angola, but this writer, is exempted as an expatriate who did not come to Namibia to look for employment. It is the Government of Namibia and its juristic person, Namibia Training Authority, who came o Zimbabwe in February 2011 to scout for his talent and caused his deemed dismissal ab initio 01/03/2011 in terms of the Public Service Act (Chapter 16:04) when he availed himself for interviews set for 2nd-5th March 2011 in Harare under the authority and jurisdiction of the Embassy of the Republic of Namibia. In the circumstances, the illegality falls squarely on the armpit of the Attorney General for incompetence to give sound legal advise to her officers and their illegality must fall on the wayside ab initio 17/05/2012 as anything resting on an illegality purporting “Employment in any form is prohibited” must fall by Action.
The Government official, one Deputy Director of Immigration and Border Control, Nkrumah Mushelenga, once stated that; "I know the number of illegal immigrants has increased dramatically. I should stress we are facing a large number of illegal immigrants scattered all over Namibia.", and the bulk of the illegal immigrants were observed to be coming from war torn Angola, Rwanda, Burundi, Ethiopia, Zambia, South Africa, Liberia and China are among those arrested for being in violation of the Immigration Control Act. In a nutshell, the writer has been vindicated by the undeniable human trafficking experiences, US report and UN condemnation of human trafficking in Namibia and denial strategy by top government officials does not pay as they must advise their government to embrace the Namibian Constitution and avoid diplomat rows. I refer you to the following except by (www.newera.com,na and Sakeus Kadhikwa, Public Relations Officer, Ministry of Home Affairs and Immigration, E-mail: [email protected])
MINISTRY OF HOME AFFAIRS AND IMMIGRATION
November 17th, 2015 | by New Era Staff Reporter Features
Query: Permanent Secretary of Home Affairs, clarify to all Zimbabweans why you are deporting everyone going to visit at Hosea Kutako International Airport? To my understanding Zimbabweans have 90 days to come to Namibia per year on a visitors’ visa. That is all being ignored now. Is it still about lack of water or xenophobia? Are the South Africans, Tswanas and Americans also being treated like this?
Response: The ministry needs proof of Zimbabweans being deported! Otherwise this will just be a vague allegation. The truth is that the Ministry of Home Affairs and Immigration arrests illegal immigrants or those who overstay regardless where they come from.
The Ministry of Home Affairs and Immigration is guided by the Namibian Act (Immigration Act of 1993) under article 7 that a person seeking to enter Namibia shall before entering Namibia present himself or herself to an immigration officer at a port of entry and satisfy such officer that he or she is not a prohibited immigrant in respect of Namibia and is entitled to enter and to be in Namibia.
The ministry can only deport a person with illegal documents or who overstayed in Namibia. All persons from countries with whom Namibia has signed a Visa Exception Agreement are allowed to come to Namibia on a Visitors Entry Permit (VEP) for up to 90 days per year. It is up to the individual visitor to break the days into intervals of either two weeks VEP or one month VEP or 2-month VEP or exhaust 90 days at one go. If you go beyond 90 days, the law will take its course.
In short, the ministry does not only arrest Zimbabwean nationals who violate our immigration laws but each foreign national who becomes an illegal immigrant or who overstays while our police officers arrest those who commit criminal offences.
Query: Minister of Home Affairs, why do you have to ask for a work permit if a foreigner wants to marry a Namibian? I have a child with my boyfriend and we love each other and all that we want is to tie that love in the form of a wedding because his entry visa is expiring this month. Where can he get a work permit fit for marriage? Your strict rules will expose people to corruption. People could end up applying for study permits instead.
Response: The Ministry of Home Affairs and Immigration advocates that all foreign nationals who intend to marry Namibian citizens must have valid status in Namibia before their marriages (in case such marriages are to be solemnised inside Namibia).
Should they decide to marry Namibian citizens inside Namibia, they will not have domicile in Namibia due to the lack of valid status at the time of marriage. Marriage between a Namibian and a foreigner can only be solemnised in Namibia if the foreign national can provide a valid permit or visa.
Query: Minister of Home Affairs, what does a work permit and a study permit have to do with marriage? You did not marry your boyfriend because of that. Introduce marriage permits in your office then. Work and marriage cannot be linked.
Response: Kindly take note that all foreign nationals entering or residing in Namibia must be in possession of a valid permit/ visa. It being a work, study or visitors permit or visa. It’s only then will it be legal to marry a Namibian if you have legal status in the country.
- Sakeus Kadhikwa, Public Relations Officer, Ministry of Home Affairs and Immigration, E-mail: [email protected]
The writer advise the Attorney General of Namibia as a litigant to read and explore the following article; A Foreign Experience: Violence, crime and xenophobia during South Africa's transition by Bronwyn Harris Violence and Transition Series, Vol. 5, August 2001. Bronwyn Harris is a former Project Manager at the Centre for the Study of Violence and Reconciliation.