By Tunomukwathi Asino
WINDHOEK – The Ministry of Home Affairs and Immigration and Nambahu Attorneys, a law firm representing a foreigner who was detained unlawfully settled out of court before the matter could go on trial.
The matter was expected to go before the Windhoek High Court on Wednesday but the Ministry of Home Affairs decided to settle the case out of court.
Christian Nambahu representing Antonio Isaikola, the Angolan national who was unlawfully detained from April 26 to July 02 2014 reached an out-of-court settlement with government attorneys for his immediate release.
In the court papers, Isaikola pointed that he was detained at the Windhoek Prison. “There is an infringement to my constitutional right to liberty as guaranteed by article 7 of the Namibian Constitution. I am being detained without any charge or redress to a competent forum,” Isaikola pointed out in court papers.
On the evening of April 26, this year, he was arrested by City Police due to an outstanding traffic ticket.
He appeared in court on April 27 this year and pleaded guilty to the offence. He was sentenced to pay a fine of N$500, when the matter was finalised it was late and the cash hall at the Windhoek Magistrate’s Court was already closed and he was sent to the Windhoek Central Prison.
On April 28 he called his family to come and pay the fine, but he was informed he is a foreigner and he will only be released if immigration officials authorise them to do so.
The Chief of Immigration requested him to show proof that he was legal in Namibia.
“I immediately arranged for my family to bring my original passport and marriage certificate which I then handed over, to the Chief of Immigration,” Isaikola pointed out in the papers filed.
“The Chief of Immigration officer informed me he will go and verify my documents and that was the last time I saw or heard from him,” stated the complainant.
He has been in custody since April 28. Isaikola took the Government, the Permanent Secretary in the Ministry of Home Affairs and Immigration, the Chief of Immigration and the Commissioner General of the Windhoek Central Prison to court for unlawful detention.
On Wednesday Judge Elton Hoff was informed the two parties decided to settle the matter out of court.