WINDHOEK – A Somali girl aged 23 who claimed to have lost two of her brothers in the Somali civil war and her father in South African xenophobic attacks was yesterday handed a fine of N$7 000 for being in the country illegally.
The illegal immigrant who had also lost contact with her mother was fined for being in Namibia without valid papers.
Magistrate Justine Asino before fining Abdi Ikraan Qoodaar N$7 000, alternatively 12 months’ imprisonment, said that while she has sympathy with Qoodaar’s personal circumstances, the Immigration Act was enacted with the purpose to combat illegal immigration. She said the legislature views such offence as very serious “as evident from the penalty clause”. She said: “Accused, your actions can not be condoned by this court, if such actions are to continue our society will lose confidence in the operations of our immigration officials.”
The magistrate further said that while the court is mindful of Qoodaar’s personal circumstances which in themselves are exceptional, the fact is that she cannot just decide to move from one refugee camp to another without following proper legal procedures.
“There the reason why one is expected to enter Namibia or any other country through a port of entry with required documentation – if such movement is not controlled, it will lead to chaos in our country and prohibited migrants will find their way into Namibia.”
A very frail and terrified looking Qoodaar who spoke through an interpreter earlier pleaded guilty to one count of contravening the Immigration Control Act – entry into Namibia at any place other than a port of entry – and one count of possession and/or use of fabricated, forged or falsified documents.
Her legal representative, Mel Harmse, told the court the only reason he was able to appear for the accused was because some members of the Somali community in Namibia heard of her plight and came together to assist her. He said that the girl is not prison material and called her unique situation “a human tragedy”.
Through a plea explanation Harmse said that because of the situation in Somalia, Qoodaar never received any formal schooling and left with her father for South Africa three years ago to seek refuge in that country where her father set up a street business.
However, this reality did not last long as her father was killed in xenophobic attacks five months ago leaving her languishing in a refugee centre in South Africa with no means to survive.
According to Harmse, the girl then heard that life in Namibia’s refugee centre was much better and decided to come here by all means. According to the girl she was arrested just two days after she arrived in Namibia, while given shelter at the Islamic Centre on August 30, and has been in custody ever since.
Harmse further told Magistrate Asino that the girl would be deported back to South Africa, since that is the last country where she was granted refugee status and would in all likelihood never return to Namibia again and as such it is unlikely that she would commit further offences.
Harmse proposed a fine of N$6 000 which he said would be paid by the concerned Somalis who engaged his services.
State prosecutor Samantha Diergaardt said that the fact that Qoodaar comes from a country involved in a civil war and is an orphan with no formal education cannot serve as an excuse for her to breach Namibia’s laws. She said that the laws were put in place to be obeyed, not only by Namibians, but by foreigners as well.
According to Diergaardt, the mere fact that Qoodaar entered from a place known only to her and presented immigration officials with false documents shows that she knew that she was breaking the law.
By Roland Routh