Lifeline for businessman accused of trafficking Angolan children
The gender ministry, the Namibian Police human trafficking unit and the police chief have been dragged to court by the mothers of four Angolan children.
The children were removed from the care of their uncle, local businessman Simon Andjamba – who stands accused of trafficking them into Namibia so they could be used as labourers on farms - in September 2018.
In February 2022, a criminal matter against Andjamba was struck from the roll by the Windhoek Magistrate’s Court; however, the children remained in detention and their parents only learnt about the case this year.
The mothers - represented by prominent lawyer Sisa Namandje – brought an urgent application in the Windhoek High Court on Friday for the release of their children, who have been in custody in “some obscure place including a camp” for the last five years.
One of the children was 14 at the time they were removed from their uncle’s custody and has since turned 18.
“We are now overjoyed; we got a court order on urgent basis and government has been directed with immediate effect to hand over custody of the kids to these mothers.
“They have to travel to Angola so the kids can be reunited with their family,” Namandje told the media in an interview after the court appearance.
Refused access
According to him, the children were detained in September 2018 in terms of the Child Care Act of 2003, but that Act only came into effect in January 2019.
Despite the criminal case against Andjamba being struck from the roll, the gender ministry has allegedly refused the mothers access to their children.
In their founding affidavit, the women said their children travelling to live with their uncle - who had the means to take care of them - was not out of the ordinary, adding that children visiting family members is not inappropriate or prohibited by any law in Namibia or Angola.
“Our children would have benefitted from a visit to Namibia and to their uncle, Simon Andjamba, as he would then be able to assist them when they returned because he is financially able to assist the extended family.”
They also pointed out that they made several unsuccessful attempts to see their children. In 2020, they sought legal help with the matter, they said.
During this time, they learnt that their children had been placed at Hope Children Home by the Namibian Police’s human trafficking unit; however, they were not informed where the children's home was located or what condition it was in, they said.
Unlawful
“After more than three years since their detention; to date, the children have not been released and it is uncertain where exactly the children are placed now and in what conditions of care the children are.
“What is certain is that the Namibian Police and Prosecutor-General Martha Imalwa removed the children from their uncle’s custody and care as a result of alleged human trafficking charges that were proffered against him.
“We have been advised that the detention is unlawful and, in any event, has become cruel and inhuman,” the mothers said.
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The children were removed from the care of their uncle, local businessman Simon Andjamba – who stands accused of trafficking them into Namibia so they could be used as labourers on farms - in September 2018.
In February 2022, a criminal matter against Andjamba was struck from the roll by the Windhoek Magistrate’s Court; however, the children remained in detention and their parents only learnt about the case this year.
The mothers - represented by prominent lawyer Sisa Namandje – brought an urgent application in the Windhoek High Court on Friday for the release of their children, who have been in custody in “some obscure place including a camp” for the last five years.
One of the children was 14 at the time they were removed from their uncle’s custody and has since turned 18.
“We are now overjoyed; we got a court order on urgent basis and government has been directed with immediate effect to hand over custody of the kids to these mothers.
“They have to travel to Angola so the kids can be reunited with their family,” Namandje told the media in an interview after the court appearance.
Refused access
According to him, the children were detained in September 2018 in terms of the Child Care Act of 2003, but that Act only came into effect in January 2019.
Despite the criminal case against Andjamba being struck from the roll, the gender ministry has allegedly refused the mothers access to their children.
In their founding affidavit, the women said their children travelling to live with their uncle - who had the means to take care of them - was not out of the ordinary, adding that children visiting family members is not inappropriate or prohibited by any law in Namibia or Angola.
“Our children would have benefitted from a visit to Namibia and to their uncle, Simon Andjamba, as he would then be able to assist them when they returned because he is financially able to assist the extended family.”
They also pointed out that they made several unsuccessful attempts to see their children. In 2020, they sought legal help with the matter, they said.
During this time, they learnt that their children had been placed at Hope Children Home by the Namibian Police’s human trafficking unit; however, they were not informed where the children's home was located or what condition it was in, they said.
Unlawful
“After more than three years since their detention; to date, the children have not been released and it is uncertain where exactly the children are placed now and in what conditions of care the children are.
“What is certain is that the Namibian Police and Prosecutor-General Martha Imalwa removed the children from their uncle’s custody and care as a result of alleged human trafficking charges that were proffered against him.
“We have been advised that the detention is unlawful and, in any event, has become cruel and inhuman,” the mothers said.
[email protected]
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