Dereje Demmse Getachew, an Ethiopian with South African refugee status, said in court papers filed yesterday that he was arrested on October 18 by an immigration officer who said he was in possession of a falsified permanent residence permit.

Getachew said he obtained the residence permit through an acquaintance who had promised him that he could have the application processed quickly by paying a fee.

"I paid him for that. He assured me that everything was done legally," Getachew said in the affidavit, adding that he was aware people used agents to process applications with the Ministry of Home Affairs.

Getachew said he needed the permanent residence permit because he had been travelling constantly between South Africa and Namibia for business, selling clothes and cosmetics.

During his frequent visits to Namibia, he developed a relationship with a Namibian woman and later married her.

The marriage to a Namibian, he argues, automatically grants him citizenship status.

The refugee said he has been detained without being charged or taken to court.

He was arrested and detained for four months between February and June 2002 for the same issue.

At that time, he was released without being charged or taken to court.

Getachew is now challenging his detention on the grounds that Namibian law requires that suspects be charged within 48 hours or be released.

"My prolonged detention beyond the first 48 hours after my arrest is obviously unlawful and wrongful," he said in his motivation for an urgent application.

Police said they would only be able to comment today.

The head of the immigration department at the Ministry of Home Affairs, Nkrumah Mushelenga, said he was aware of the case but he needed more time to check the details before he could comment.

* Tangeni Amupadhi is now a freelance contributor to The Namibian.

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