WINDHOEK – A Malawian traditional healer, whose advertisements feature prominently in local newspapers appeared in the Katutura Magistrate’s Court yesterday on a charge of overstaying his welcome in the country by one day.
Innocent Banda whose frequent newspaper adverts include bringing luck to clients, was arrested by immigration officials after he failed to leave the country following the expiry of his visitor’s visa. Banda was supposed to leave Namibia on January 07, but was arrested on January 08 at the Katutura Police Station where he supposedly went to enquire about a case he registered there. According to a plea explanation read into the record by his lawyer, Vetu Uanivi, Banda’s original visa expired on November 29 last year and he approached the immigration department for an extension, which was granted on December 03 allowing him to remain in Namibia until January 07. But he decided to stay for another day to sort out another pending matter at the police station. While there an immigration official, a certain Mr. Mwaala, happened upon him and enquired as to why he did not leave when he was supposed to. He was arrested there and then until his court appearance yesterday. Court records indicate that immigration asked for an extension order for his detention on December 28 after the initial 14 days they are allowed to detain illegal immigrants lapsed.
In mitigation Uanivi on behalf of Banda told Magistrate Conchita Olivier that Banda is 25-years-old and single with no children. He continued that Banda is a student of science in his home country and was never before in conflict with the law. Uanivi added that as a first offender Banda did not waste the court’s time and pleaded guilty at the first opportunity granted to him and is extremely remorseful and vows never to repeat the offence again. For his part Ian Malumani for the State argued that Banda expressed a severe lack of respect for Namibian law. He said the monitoring of foreign nationals in Namibia is there for a reason and to avoid criminal offences by foreigners. He asked the court to impose a sentence that will not only serve as deterrence to Banda, but to others thinking of committing the same offence as well. He proposed a fine of N$4 000 or six months imprisonment. Magistrate Olivier in sentencing said that while Banda overstayed by just one day it does not negate the seriousness of his offence. She said Namibia has immigration laws in place for a reason and that such offences are becoming a problem for Namibian authorities. According to Olivier it is not only Namibia that has these laws in place and that other countries such as his home country will expect from Namibians to also obey their laws.
She however disagreed with Malumani on the fine to be imposed and instead fined Banda N$2 000 or six months imprisonment. Banda paid the fine and is to be deported to Malawi today.
By Roland Routh