WINDHOEK – A Zimbabwean national was fined in the Windhoek Magistrate’s Court for staying in Namibia long after his visitor’s permit had expired.
The accused, Dube Sindiso (31), was fined N$4 000 or 12 months imprisonment by Magistrate Tuvoye Nuule after he pleaded guilty to contravening the Immigration Control Act. According to the charge sheet Sindiso entered Namibia on September 09 last year on a visitor’s entry permit that was valid only until December 04 last year. He was caught in Windhoek on Monday and thus overstayed his welcome by 12 months and 21 days. Sindiso told Nuule that he came to Namibia to prepare for his wedding to the mother of his 10-month-old baby boy.
According to him the boy lives with the mother in Gam. He is 31-years-old and is unemployed and is being supported by his fiancé, who is a janitor at the village. According to Sindiso, when he arrived in Namibia more than twelve months ago to prepare for his wedding his 10-month-old son was sick, so sick in fact that he had to stay and look after him, while the mother was at work. He further said they spent the little money his fiancé made on medication for the child and as such he could not travel to Windhoek to renew his visa. He was arrested while attempting to re-new his visitor’s permit on Monday. During arguments in aggravation, Seredene Jacobs for the prosecution said that while Sindiso is a first offender who pleaded guilty, the offence is a serious one and he stayed in Namibia for a long time illegally. She said the accused showed no respect for Namibian law and recommended a fine of N$3 000 or six months behind bars.
Nuule stressed the offence of overstaying in Namibia is becoming ‘rife’ and said it is especially during the festive season that such offenders are caught out, since it is the time they want to be with loved ones and want to go home. “Even though the accused literally handed himself over, the fact is that he overstayed,” she said and continued “the law does not bend, it only breaks so the accused had already broken the law the time he overstayed and it does not really count that he came looking for a renewal.” The magistrate argued that a sentence of direct imprisonment would only be a burden on taxpayers and as such she opted for a sentence with the option of a fine.
By Roland Routh