News / Africa
Namibian authorities launches a crackdown on Zimbabweans
09 Mar 2013 at 10:31hrs | Views
WINDHOEK - Namibian authorities have launched a crackdown on illegal Zimbabweans. Many have fled while others have been arrested and are making their way through the courts.
The majority of those arrested are working as vendors and the courts are imposing stiff fines as a deterrent. One vendor caught selling cigarettes, air time and other items has been sentenced to pay a fine of $1 100 or 12 months imprisonment for overstaying his welcome in the country last week Thursday.
Ntando Baloyi pleaded guilty to a charge of contravening the Immigration Control Act, Act 7 of 1993 for remaining in Namibia after the expiration of his visitor's entry visa. Thirty-two-year-old Baloyi entered Namibia on July 14, 2011 on a 90-day visitor's visa and failed to return to Zimbabwe after the expiry date.
During submissions on sentencing, Baloyi informed Magistrate Hileni Kavara that he was single and had no children, but that he supported his late brother and sister's children. He also told the magistrate that he was unemployed and came to Namibia in search of a better life. Asked why he stayed in Namibia after his visa expired and while he knew it was illegal to do so, he said the situation in Zimbabwe forced him to do so.
Baloyi asked the court to show him mercy and begged for a suspended sentence. He also apologised to the Namibian people for his transgression. Prosecutor Erich Naikaku told the magistrate that the offence is a serious one and is becoming quite prevalent in Namibia. He said while Baloyi is a first offender, Namibia's immigration laws are very clear and that the accused breached the law and the fact that he stayed in Namibia illegally for one year and six months comprises an aggravating factor.
He asked the court to consider giving Baloyi a fine of N$2 000 or six months in prison since he pleaded guilty without wasting the court's time. Kavari on the other hand wanted none of that and told Baloyi that he has no respect for the laws of Namibia and had he not been apprehended he would not have been standing in court. She said what makes matters worse is the fact that Baloyi overstayed for more than a year without detection.
Magistrate Kavari said that for a court to impose an appropriate sentence a balance of the circumstances of the offender, the crime committed and the interest of society blended with a degree of mercy should be achieved by the court. However, she said, the court takes the purposes of sentencing into consideration, which include deterrence, punishment, rehabilitation and retribution.
"To further ask for a suspended sentence, is having total disregard for the laws of this country as well as the courts, and the court has to take it upon itself to pass a sentence that will not only deter you, but any other would-be offender," the magistrate remarked before she sentenced Baloyi.
Another Zimbabwean national who made his living selling cigarettes and air time on street corners in Windhoek was fined £660 or 12 months in prison for overstaying his visit in the country yesterday.
Clyde Mpasi pleaded guilty to a charge of contravening the Immigration Control Act, Act 7 of 1993 for remaining in Namibia after the expiration of his visitor's entry permit. Thirty-year-old Mpasi entered Namibia on March 12, 2012 on a ninety-day visitor's permit and failed to return to Zimbabwe after the expiry date and also failed to renew the permit.
Magistrate Justine Asino accepted his guilty plea and subsequently found him guilty for being in Namibia illegally for a period of eight months and 17 days. During submissions on sentencing, Mpasi informed Magistrate Asino he is a single father of one minor girl who is living in Zimbabwe with his father and other siblings whom he supports with his meagre street earnings.
While he admitted that he knew what he was doing was illegal, he said the money he made from his business was only enough to send some to his family in Zimbabwe, while he also paid rent and bought food in Windhoek. He said he came to Namibia as he had nothing to do in Zimbabwe and was introduced to street sales by some of his compatriots here. "As I am a father I thought I could use the three months here to sell some things, then return to Zimbabwe, but business was not good. I thought that I could sell more and make some money, but I could not really meet that expectation as I also needed to send money home," he said.
Mpasi told Magistrate Asino that he had no intention to disrespect the authorities in Namibia, but that circumstances were beyond his control. He asked the court to show mercy and told the magistrate that he is very remorseful over what he has done. He said that he knows that the court has the right to impose a penalty on him, but asked that it should be minimal so that he can go back to Zimbabwe to look after his family. He requested a fine of not more than N$3 000.
Prosecutor Samantha Diergaardt would however have none of that and insisted that Mpasi showed a total disregard for Namibia and her laws. She said Namibia is a sovereign state with laws in place to be complied with, not only by its citizens, but by foreigners entering Namibia as well. She was adamant that Mpasi knew full well when he applied for his entry permit that he intended to come here to do business. According to the prosecutor, Mpasi was already dishonest when he applied for the visitor's permit, since he was fully aware that he had no intention of just visiting.
She also stressed the fact that Mpasi was fully aware that he is not allowed to conduct business in Namibia on a visitor's permit, but that this did not deter him in any manner. "The accused showed a total disregard for the laws of Namibia and this cannot be condoned by our courts," Diergaardt told Magistrate Asino. She further said it has become a common practice for foreigners to come to Namibia and provide false information at entry points that their sole intention is to visit, but from the moment they set foot in the country they start conducting business.
Before she sentenced Mpasi, Magistrate Asino told him that the fact that he overstayed for almost a year is an indication to the court that he did not intend to leave the country soon. "For how long you intended to remain in Namibia is only known to you," she emphasised. She then told Mpasi that the court must impose deterrent sentences to deter other would-be offenders.
The majority of those arrested are working as vendors and the courts are imposing stiff fines as a deterrent. One vendor caught selling cigarettes, air time and other items has been sentenced to pay a fine of $1 100 or 12 months imprisonment for overstaying his welcome in the country last week Thursday.
Ntando Baloyi pleaded guilty to a charge of contravening the Immigration Control Act, Act 7 of 1993 for remaining in Namibia after the expiration of his visitor's entry visa. Thirty-two-year-old Baloyi entered Namibia on July 14, 2011 on a 90-day visitor's visa and failed to return to Zimbabwe after the expiry date.
During submissions on sentencing, Baloyi informed Magistrate Hileni Kavara that he was single and had no children, but that he supported his late brother and sister's children. He also told the magistrate that he was unemployed and came to Namibia in search of a better life. Asked why he stayed in Namibia after his visa expired and while he knew it was illegal to do so, he said the situation in Zimbabwe forced him to do so.
Baloyi asked the court to show him mercy and begged for a suspended sentence. He also apologised to the Namibian people for his transgression. Prosecutor Erich Naikaku told the magistrate that the offence is a serious one and is becoming quite prevalent in Namibia. He said while Baloyi is a first offender, Namibia's immigration laws are very clear and that the accused breached the law and the fact that he stayed in Namibia illegally for one year and six months comprises an aggravating factor.
He asked the court to consider giving Baloyi a fine of N$2 000 or six months in prison since he pleaded guilty without wasting the court's time. Kavari on the other hand wanted none of that and told Baloyi that he has no respect for the laws of Namibia and had he not been apprehended he would not have been standing in court. She said what makes matters worse is the fact that Baloyi overstayed for more than a year without detection.
Magistrate Kavari said that for a court to impose an appropriate sentence a balance of the circumstances of the offender, the crime committed and the interest of society blended with a degree of mercy should be achieved by the court. However, she said, the court takes the purposes of sentencing into consideration, which include deterrence, punishment, rehabilitation and retribution.
"To further ask for a suspended sentence, is having total disregard for the laws of this country as well as the courts, and the court has to take it upon itself to pass a sentence that will not only deter you, but any other would-be offender," the magistrate remarked before she sentenced Baloyi.
Clyde Mpasi pleaded guilty to a charge of contravening the Immigration Control Act, Act 7 of 1993 for remaining in Namibia after the expiration of his visitor's entry permit. Thirty-year-old Mpasi entered Namibia on March 12, 2012 on a ninety-day visitor's permit and failed to return to Zimbabwe after the expiry date and also failed to renew the permit.
Magistrate Justine Asino accepted his guilty plea and subsequently found him guilty for being in Namibia illegally for a period of eight months and 17 days. During submissions on sentencing, Mpasi informed Magistrate Asino he is a single father of one minor girl who is living in Zimbabwe with his father and other siblings whom he supports with his meagre street earnings.
While he admitted that he knew what he was doing was illegal, he said the money he made from his business was only enough to send some to his family in Zimbabwe, while he also paid rent and bought food in Windhoek. He said he came to Namibia as he had nothing to do in Zimbabwe and was introduced to street sales by some of his compatriots here. "As I am a father I thought I could use the three months here to sell some things, then return to Zimbabwe, but business was not good. I thought that I could sell more and make some money, but I could not really meet that expectation as I also needed to send money home," he said.
Mpasi told Magistrate Asino that he had no intention to disrespect the authorities in Namibia, but that circumstances were beyond his control. He asked the court to show mercy and told the magistrate that he is very remorseful over what he has done. He said that he knows that the court has the right to impose a penalty on him, but asked that it should be minimal so that he can go back to Zimbabwe to look after his family. He requested a fine of not more than N$3 000.
Prosecutor Samantha Diergaardt would however have none of that and insisted that Mpasi showed a total disregard for Namibia and her laws. She said Namibia is a sovereign state with laws in place to be complied with, not only by its citizens, but by foreigners entering Namibia as well. She was adamant that Mpasi knew full well when he applied for his entry permit that he intended to come here to do business. According to the prosecutor, Mpasi was already dishonest when he applied for the visitor's permit, since he was fully aware that he had no intention of just visiting.
She also stressed the fact that Mpasi was fully aware that he is not allowed to conduct business in Namibia on a visitor's permit, but that this did not deter him in any manner. "The accused showed a total disregard for the laws of Namibia and this cannot be condoned by our courts," Diergaardt told Magistrate Asino. She further said it has become a common practice for foreigners to come to Namibia and provide false information at entry points that their sole intention is to visit, but from the moment they set foot in the country they start conducting business.
Before she sentenced Mpasi, Magistrate Asino told him that the fact that he overstayed for almost a year is an indication to the court that he did not intend to leave the country soon. "For how long you intended to remain in Namibia is only known to you," she emphasised. She then told Mpasi that the court must impose deterrent sentences to deter other would-be offenders.
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