SA Idols singer’s fine decreased

SA Idols singer’s fine decreased

THE High Court has lowered the fines of N$15 000 that a former contestant on the South African Idols television show and her boyfriend had to pay early this year for failing to get their passports stamped when they entered Namibia on holiday in December.

Former SA Idols competition runner-up Andriëtte Norman and her boyfriend, Marcel Olivier, were arrested at a Police roadblock near Windhoek on January 2 when it was noticed that they did not have Namibian immigration entry stamps in their passports.Norman and Olivier had entered Namibia on holiday through the Noordoewer border post in late December.After their arrest they spent two days in the cells of Wanaheda Police Station before they appeared in the Windhoek Magistrate’s Court in Katutura, where they admitted guilt to a charge under the Immigration Control Act and were then sentenced.They admitted that they had failed to present themselves to an immigration official when they entered Namibia. Each of them was sentenced to pay a fine of N$15 000 or serve a four-year prison term, with N$5 000 or one year of the sentence conditionally suspended for a period of five years.The couple was also ordered to leave Namibia immediately.Following their sentencing their case was sent to the High Court on review.In a judgement by Judge President Petrus Damaseb, the sentence has now been set aside and replaced with a fine of N$4 000 or twelve months’ imprisonment – which is the maximum sentence that the Immigration Control Act stipulates for this sort of offence.The Magistrate who sentenced Norman and Olivier was relying on a wrong section of the Act when she sentenced the couple, Judge President Damaseb pointed out.He noted that Norman and Olivier admitted that they entered Namibia and failed to present themselves to an immigration official or Ministry of Home Affairs official.According to what their lawyer told the court, they entered Namibia in a vehicle. Exactly how they managed to enter the country without reporting at the Namibian border post to get their passports stamped is not apparent from the record of their case, ‘but it demonstrates how daring and audacious their conduct was’, Judge President Damaseb commented.This calls for the maximum sentence provided for in the Act, in order to deter others from taking a similar risk as the couple took, he said.While lowering the fines and length of the prison terms imposed on Norman and Olivier, the Judge President also sentenced each of them to six months’ imprisonment, wholly suspended for a period of three years on condition that they are not convicted of committing the same offence during the period of suspension.The difference between the fines that Norman and Olivier paid on January 4 and the fines now imposed should be paid back to them, the court also ordered.Judge Elton Hoff agreed with the Judge President’s decision.

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