Namibia, as part of international law through its Constitution and the United Nations, is therefore bound by international law. 

It is a law applied to her. International law governs relations between states and grants power and authority to a sovereign State, meaning the state has control over its own territory and destiny. 

However, with the emergence of foreign Angolan street children in most Namibian towns, this sovereignty and the principles of the rule of law come under threat. 

The Angolan street children became an eyesore on many streets in our towns, posing serious risks and dangers to themselves and motorists. 

When you look at these Angolan street children and analyse their situation, several concerns come up. 

Firstly, the law requires that every person entering or leaving Namibian territory do so with travel documents such as a passport or visa. If a foreign national enters Namibia’s border without travel documents, that person can be considered an alien and should be handled according to immigration laws. 

These foreign street children, when seen roaming the streets and loitering, appear to be engaged in street trading, as they can be seen carrying wood carved like knobkerries and spatulas, which they offer for sale. 

At the same time, they turn to begging for money from motorists at traffic lights. 

When these foreign street children engage in trade on Namibian soil, the law requires that they must do so under the authority of a business permit or employment permit. 

Our supreme law, the Constitution, prohibits child labour, especially when children under the age of 14 years and 16 years old are involved in vocational or trade. 

It becomes evident that the majority of these foreign street children are under 16 years old, and by law, they should not be exposed to health hazards, safety risks, or any form of physical, mental, spiritual, moral, or anti-social development issues. 

The Labour Act, 11 of 2007, imposed a penalty on anyone found employing underage children or permitting them to carry out labour. 

The best interests of children are protected and promoted by the Namibian Constitution and the Child Care and Protection Act of 2015 against economic exploitation, hazardous work, or interference with their education. 

It becomes clear that these foreign street children are not attending primary school, even though the law States that children under 16 should not leave school. 

People should understand that when the law states that no one shall violate a law, rule, or procedure, it means every individual is prevented from engaging in prohibited conduct. The fact that these foreign street children are not Namibian and that their handlers may be instructing them to carry out such trades or businesses against Namibian laws is no excuse. 

Some people present arguments justifying the presence of these foreign street children in Namibia, as they trade and beg for money. 

They argue that this is because of a reciprocal duty and rights, since many Namibians were also accommodated in foreign countries like Angola during the struggle for Namibia’s independence. 

Such arguments and reasoning seem to promote a state of lawlessness in Namibia, and these people forget that Namibia is part of international law and her constitution mandates that the rule of law be upheld and respected by all. 

Most local authorities in Namibia have passed by-laws, such as the Street and Traffic Regulations, that regulate and prohibit loitering on streets. 

The big question is what happened to the law enforcement agencies of those local authorities that are supposed to enforce such by-laws? Are we suggesting that we have become a state of lawlessness, unable to enforce enacted laws, and permitting foreign street children to continue roaming the streets selling products without the necessary permits? 

On the other hand, these foreign street children need protection under the Convention on the Rights of a Child according to international human rights law. 

Therefore, the Namibian government should collaborate with the country of origin (Angola) of these foreign street children and persuade them to take all these children back to their home country so they can find suitable shelter and start contributing to its development. 

*Lucas Tshuuya is a legal practitioner of the High Court of Namibia.