Woman loses 30-year fight to get Namibian ID
High Court application dismissed
The 54-year-old woman claims she was born in Namibia, but according to the court, she has not provided enough evidence to prove it.
The Windhoek High Court ruled that a woman who has been struggling to get a Namibian identity document (ID) for more than 30 years could not prove that she was, indeed, born here.
This despite her claims that she was born in Namibia, and the fact that she was issued a full birth certificate.
A verdict was delivered last Friday in an application brought by Florence Sibanda (54) against the home affairs ministry and the president.
According to Sibanda, she was born in the Sabelo informal settlement in the Zambezi Region in 1969. She argued she is being harmed by being denied a Namibian ID.
"She cannot open a bank account, register her MTC SIM card, sell her property or access her pension from the Government Institutions Pension Fund," court documents read.
The home affairs minister argued that Sibanda is a Zimbabwean citizen and is therefore ineligible for a Namibian ID, adding that the court therefore cannot issue an order instructing the ministry to issue such a document to her.
In his ruling, Judge Nate Nauendapo ruled that Sibanda cannot be eligible for a Namibian ID. "On the facts of this case, [Sibanda] has not met the onus of proving that she was born in Namibia and is entitled to be issued a Namibian ID.”
Unsuccessful applications
According to court documents, Sibanda's father worked in Namibia for a Zimbabwean company that built houses in Katima Mulilo. During this time, he reportedly met Sibanda's mother. Sibanda claimed she was born in Namibia during this period.
After her father's work project was completed, the family returned to Zimbabwe. However, in 1985, Sibanda and her mother apparently returned to Namibia.
She admitted that her birth was not registered at the time, but, in 1987, her school required her to provide them with identity documents. Shortly afterwards, a South West Africa (SWA) ID was apparently issued to her by the ministry.
She claimed that after independence, she went back to the ministry's office to get a Namibian ID, but was told to submit a full birth certificate as well as a statement from the settlement's chief to confirm that she was indeed born in Namibia. She later provided the ministry with the statement and her baptism certificate, and an abridged birth certificate was apparently issued to her in 1994.
She took it, along with her baptism certificate and the statement from the chief, to the ministry's head office in Windhoek in an attempt to get a Namibian ID. Her application was submitted, but she was notified in 1997 that it was unsuccessful.
The ministry informed her that an ID could not be issued to her as the system shows that she is not a Namibian citizen and was born in Bulawayo, Zimbabwe. She then enlisted the help of the Zimbabwean embassy and they issued a letter confirming that she was not born there. She once again submitted an application to the ministry in 2005, but it was rejected for the same reason.
‘It was a mistake’
In 2021, Sibanda applied for a full birth certificate and received it in March of that year. She then applied for a Namibian ID again in February 2023, but was informed that the ministry erred in its decision to issue the certificate because she is not a Namibian citizen.
During the court application, the ministry argued that the issuance of the birth certificate was a mistake. Sibanda's legal representative countered that the ministry cannot now withdraw its decision to provide her with a full birth certificate.
He also claimed that Sibanda was not given an opportunity to be heard before the decision was made. "Instead, the [ministry] subjected [Sibanda] to years of unnecessary back-and-forth and then arbitrarily, unfairly and unlawfully revoked its decision to issue her a valid birth certificate," court documents read.
Lacks substantial evidence
In his ruling, Ndauendapo pointed out that the onus falls on Sibanda to prove that she was indeed born in Namibia. "The application for a Namibian ID lacks substantial evidence to support her claim that she was indeed born in the Zambezi Region. It is only her say-so that is before this court,” the judge said.
He added that no supporting statements had been submitted to substantiate Sibanda's allegations. "These affidavits would have strengthened her case for a Namibian ID to be issued to her."
The application was dismissed and Sibanda was ordered to pay the respondents' legal costs.
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This despite her claims that she was born in Namibia, and the fact that she was issued a full birth certificate.
A verdict was delivered last Friday in an application brought by Florence Sibanda (54) against the home affairs ministry and the president.
According to Sibanda, she was born in the Sabelo informal settlement in the Zambezi Region in 1969. She argued she is being harmed by being denied a Namibian ID.
"She cannot open a bank account, register her MTC SIM card, sell her property or access her pension from the Government Institutions Pension Fund," court documents read.
The home affairs minister argued that Sibanda is a Zimbabwean citizen and is therefore ineligible for a Namibian ID, adding that the court therefore cannot issue an order instructing the ministry to issue such a document to her.
In his ruling, Judge Nate Nauendapo ruled that Sibanda cannot be eligible for a Namibian ID. "On the facts of this case, [Sibanda] has not met the onus of proving that she was born in Namibia and is entitled to be issued a Namibian ID.”
Unsuccessful applications
According to court documents, Sibanda's father worked in Namibia for a Zimbabwean company that built houses in Katima Mulilo. During this time, he reportedly met Sibanda's mother. Sibanda claimed she was born in Namibia during this period.
After her father's work project was completed, the family returned to Zimbabwe. However, in 1985, Sibanda and her mother apparently returned to Namibia.
She admitted that her birth was not registered at the time, but, in 1987, her school required her to provide them with identity documents. Shortly afterwards, a South West Africa (SWA) ID was apparently issued to her by the ministry.
She claimed that after independence, she went back to the ministry's office to get a Namibian ID, but was told to submit a full birth certificate as well as a statement from the settlement's chief to confirm that she was indeed born in Namibia. She later provided the ministry with the statement and her baptism certificate, and an abridged birth certificate was apparently issued to her in 1994.
She took it, along with her baptism certificate and the statement from the chief, to the ministry's head office in Windhoek in an attempt to get a Namibian ID. Her application was submitted, but she was notified in 1997 that it was unsuccessful.
The ministry informed her that an ID could not be issued to her as the system shows that she is not a Namibian citizen and was born in Bulawayo, Zimbabwe. She then enlisted the help of the Zimbabwean embassy and they issued a letter confirming that she was not born there. She once again submitted an application to the ministry in 2005, but it was rejected for the same reason.
‘It was a mistake’
In 2021, Sibanda applied for a full birth certificate and received it in March of that year. She then applied for a Namibian ID again in February 2023, but was informed that the ministry erred in its decision to issue the certificate because she is not a Namibian citizen.
During the court application, the ministry argued that the issuance of the birth certificate was a mistake. Sibanda's legal representative countered that the ministry cannot now withdraw its decision to provide her with a full birth certificate.
He also claimed that Sibanda was not given an opportunity to be heard before the decision was made. "Instead, the [ministry] subjected [Sibanda] to years of unnecessary back-and-forth and then arbitrarily, unfairly and unlawfully revoked its decision to issue her a valid birth certificate," court documents read.
Lacks substantial evidence
In his ruling, Ndauendapo pointed out that the onus falls on Sibanda to prove that she was indeed born in Namibia. "The application for a Namibian ID lacks substantial evidence to support her claim that she was indeed born in the Zambezi Region. It is only her say-so that is before this court,” the judge said.
He added that no supporting statements had been submitted to substantiate Sibanda's allegations. "These affidavits would have strengthened her case for a Namibian ID to be issued to her."
The application was dismissed and Sibanda was ordered to pay the respondents' legal costs.
– [email protected]
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