Refugee sues Home Affairs

A REFUGEE and his Namibian wife are suing the Ministry of Home Affairs for poor service, incompetence and “bureaucratic brutality” after waiting in vain to be given travel documents they applied for more than a year ago.

Permanent Secretary in the Ministry of Home Affairs, Niilo Taapopi, agreed that service in the Ministry was not up to standard but that plans were under way to improve the work ethic. Jos, Manuel Mananga Conde and Vesta Rebekka Conde last week filed the lawsuit with the Government Attorney.They warned that they intended to make an application to the High Court for an order compelling the Commissioner for Refugees, Elizabeth Negumbo, and the Minister to issue them with travel documents.Jos, Conde, a musician, said he first obtained the United Nations Convention Travel Document in 1998, which was replaced in 2000.The last document expired on August 21 2002, and Conde applied for a renewal a month in advance.He did not receive an answer and thought it was lost.Conde said he submitted another application in February last year.”We must have written between eight and 10 letters in the course of the last 12 months or so.None of the letters received even the common courtesy of an acknowledgement of receipt of those letters,” Conde states in the affidavit he compiled with his wife.Conde said the couple had “never received a positive answer”, and often there was no answer from Ministry officials.”The Respondents’ [Commissioner of Refugees and Minister of Home Affairs] inaction, and perhaps incompetence and bureaucratic brutality is causing great harm to me and my wife.”In terms of Article 21(1)(i) of the Namibian Constitution, I have the constitutional right to leave and return to Namibia,” said Conde.He cited three more constitutional arguments, such as the right to practise his trade; right to a family as the absence of his documents make him unable to travel with his wife; and the right to “fair and reasonable administrative decision”.Besides, Conde argued, Namibia had adopted the Convention on the Status of Refugees under which countries are obliged to issue refugees with documents.”There is no lawful reason why the respondents should refuse to issue me with a travel document”.Taapopi was unable to comment on Conde’s case, but said he would not dismiss the accusation of poor service.”I’m reluctant to agree with ‘incompetence’, but it is customer care.Of course, we have to do something about it, and we are trying to do something about our customer service,” he said.Taapopi said poor service was sometimes caused by the high number of resignations, arrogant staff “who think they have to tell the client whatever they want” and bribers who created shortcuts.Taapopi said his Ministry was inundated with travel document applications, which sometimes hit a peak of 100 a day.Jos, Manuel Mananga Conde and Vesta Rebekka Conde last week filed the lawsuit with the Government Attorney. They warned that they intended to make an application to the High Court for an order compelling the Commissioner for Refugees, Elizabeth Negumbo, and the Minister to issue them with travel documents. Jos, Conde, a musician, said he first obtained the United Nations Convention Travel Document in 1998, which was replaced in 2000. The last document expired on August 21 2002, and Conde applied for a renewal a month in advance. He did not receive an answer and thought it was lost. Conde said he submitted another application in February last year. “We must have written between eight and 10 letters in the course of the last 12 months or so. None of the letters received even the common courtesy of an acknowledgement of receipt of those letters,” Conde states in the affidavit he compiled with his wife. Conde said the couple had “never received a positive answer”, and often there was no answer from Ministry officials. “The Respondents’ [Commissioner of Refugees and Minister of Home Affairs] inaction, and perhaps incompetence and bureaucratic brutality is causing great harm to me and my wife. “In terms of Article 21(1)(i) of the Namibian Constitution, I have the constitutional right to leave and return to Namibia,” said Conde. He cited three more constitutional arguments, such as the right to practise his trade; right to a family as the absence of his documents make him unable to travel with his wife; and the right to “fair and reasonable administrative decision”. Besides, Conde argued, Namibia had adopted the Convention on the Status of Refugees under which countries are obliged to issue refugees with documents. “There is no lawful reason why the respondents should refuse to issue me with a travel document”. Taapopi was unable to comment on Conde’s case, but said he would not dismiss the accusation of poor service. “I’m reluctant to agree with ‘incompetence’, but it is customer care. Of course, we have to do something about it, and we are trying to do something about our customer service,” he said. Taapopi said poor service was sometimes caused by the high number of resignations, arrogant staff “who think they have to tell the client whatever they want” and bribers who created shortcuts. Taapopi said his Ministry was inundated with travel document applications, which sometimes hit a peak of 100 a day.