Ministry of Home Affairs and Immigration

Introduction

The Namibian Police, which was established by an Act of Parliament (Act 19 of 1990), is a very important force in law enforcement in the Republic of Namibia. Nampol’s main duties are:

1.      to prevent crime;

2.      to investigate any offence or alleged offence; and

3.      to maintain the internal security of the Republic of Namibia.

Nampol stand in unison with the principles and philosophy of the rule of law and, as such, the Force is a service providing organisation, for both citizens and foreign nationals residing within the borders of the Republic of Namibia. Members of the Force are there to ensure the maintenance of law and order, to protect human life and public and private property.

In this, they are expected to render the necessary quality service -- at all times -- as laid down in chapter II of the Namibian Police Act, with due consideration for the fundamental rights and freedoms, without compromising in upholding the tenets of law and order and the safety and security of law-abiding persons. They must be diligent and honest in their work, sparing no efforts to pursue the truth and ensure that justice is done.

To preserve the internal security and in maintaining law and order in Namibia, every member of Nampol is charged with the duty to take the necessary steps which, on reasonable grounds, appear to him/her to be correct and necessary for the:

1.      preservation of the internal security and peace;

2.      prevention of crime;

3.      protection of human life;

4.      protection of properties from malicious damage;

5.      detection and suppression of crime;

6.      apprehension of offenders and bringing them to book in time;

7.      suppression of all forms of civil disturbances anywhere in the Republic of Namibia; and

8.      contribution to any peaceful solution.

In carrying out their duty, Nampol members must combine pro-active and reactive methods of policing, with an emphasis on the involvement of the community in information gathering. To this end, Community Policing is seen and should be accepted as the guiding philosophy in the fight against crime and in the maintenance of law and order. The public should be instrumental in getting rid of criminal elements and their activities in all neighbourhoods in villages, towns, cities and anywhere else, by assisting and co-operating with the members of the Force. 

The Namibian Police, being the servant of the Nation, is expected to deliver quality service, to uphold the principles of the rule of law, national commitment, unwavering patriotism and respect for the supreme law of the Republic of Namibia, being always accountable to the nation and the community it is serving. 

Members of Nampol must be guided by the principles of Uniformed Organisations discipline, norms of human behaviour, the Police Act and Regulations pertinent to the Act.

The Namibian Police must be exemplary in utilising government or public properties with dignity and care, through proper focus and optimum use of all existing resources, so as to achieve the best possible results at the least cost. 

As part of the world-wide effort to preserve peace and maintain stability, Nampol is there to contribute to and co-operate with international organisations, such as the United Nations I.C.P.O. or Interpol, counterparts in member-countries of the Non-Aligned Movement and the Organisation of African Unity and, indeed, the neighbouring countries organised in SARPCCO within the SADCC framework, for a crime-free world. 

In the discharge of its constitutional role, Nampol would like to provide the best service possible - a service which will earn the total satisfaction, confidence and general support of all Namibians and other residents.

For the development and expansion of Nampol, which are currently top priorities for the National Police Force, interaction with intercontinental, continental and regional Police Forces in terms of training, expert advice and exchange of crime information will be promoted at all times. 

To succeed in this regard, a total national commitment and effort from every member of Nampol is called for. Believing in oneness,  it is hoped that men and women in the Force will do all they can to ensure that its goal is realised.

Structure of the Ministry 

As stipulated in the Sectoral Development Programme of the Office of the Prime Minister entitled “Working for a Better Namibia”, the Ministry of Home Affairs comprises of two Departments, namely Civic Affairs and Police.

The Department of Civic Affairs is responsible for the administration of national documents

      to Namibian citizens and foreign nationals as well as dealing with matters related to  refugees. It is responsible for issuing identity cards, birth and death certificates, marriage

certificates, passports, work permits, residence permits, permanent residence permits,

citizenship, and visas. 

The Police is a law enforcement department responsible for the maintenance of law and order by preventing crimes, investigating them and thus safeguarding the internal security of the country.  

In carrying out their responsibilities, both departments are operating under various relevant Acts. At the establishment of the Ministry Home Affairs, the old colonial laws which did not apply under the Namibian Constitution were repealed and new ones were passed. 

The Department of Police 

The Namibian Police was established by an Act of Parliament, Act 19 of 1990. It was established with the prescribed powers, duties and procedures in order to secure the internal security of the Republic of Namibia as well as to maintain Law and Order (Article 115 of the Constitution). 

The establishment, organisation and administration of the Namibian Police consist of, besides the Inspector-General, who is the Head of the Force, commissioned officers and non-commissioned officers who are appointed under the Police Act as members of the Namibian Police, through section 4(1) of the Police Act. 

The Regulations made under the Police Act form part of the guiding principles of regulating, the discipline, appointments, promotions and discharge of members of the force and to provide for incidental matters. 

The Inspector-General has two deputies, one responsible for administration and the other for operations. There are six divisions which deal with various police functions and these are: 

1.      Human Resources.

2.      Finance and Logistics.

3.      Inspectorate.

4.      Crime Investigation Department.

     5.      Complaints and Discipline.

     6.      Special Field Force 

The above-mentioned divisions are being headed by Commissioners who are deputised by Deputy Commissioners. There are also sub-units/offices under the divisions mentioned. Oshana and Khomas are commanded by officers of the rank of Commissioners because of their population and crime rate, while the rest of the regions are under the command of Deputy Commissioners and Chief Inspectors, respectively. 

Achievements 

Manpower and other resources in the form of transport and Police resources, remain Nampol’s major needs.  The budget allocated to the Namibian Police for the past years had not enabled it to address its needs adequately. It had also prevented Nampol from effectively achieve what it aimed at. Human Resources Development in the form of training in various Police functions as well as acquiring materials and equipment remain the Namibian Police’s wish. Once the constraints mentioned above are properly addressed, the Namibian Police would be able to contain the situation as effective as it possibly can. 

Department of Civic Affairs 

The Department of Civic Affairs, in bringing the services closer to the people, saw it necessary to streamline and rationalise its functions to equip itself in effecting its services throughout the country. As an emerged nation from a century of colonialism, oppression and neglect of the majority of citizens, Namibia faced the daunting task of providing, from scratch, national documents to all citizens of the country.    

To date, the haunting memories of lengthy lines of people waiting, sometimes for days, to obtain their documents have become a thing of the past. Although some sections are still experiencing a backlog caused by the strain of manpower in the ministry, it occurs on occasions and is relatively surmountable.  

In line with the rationalisation of the Public Service emanated from the 2^nd Special Meeting held in Swakopmund from 14 to 15 December 1992 the Ministry of Home Affairs embarked on the process of rationalisation with a view to:           

1.      Ensure optimum efficiency in the operations of its departments, identify and do away with overlapping and duplication of functions;

2.      Streamlining the operations of the departments by allocating functions and delineating clear lines of authority to better channels of communications; and

3.      Identifying and address redundant posts on the establishment of the ministry. 

The approval of the Rationalisation Proposals by Cabinet on 18 January 1994 better positioned the ministry to operate under a lean, efficient and effective structure.  

As many regional offices of the different directorates of the department have been established as far as the budget could permit in thirteen regions of the country to cater for services. In fact, the Ministry of Home Affairs does not see presently its way clear in further decentralising its activities, with the exception of opening additional offices where needed.  

The rationalised structures offer a challenge to the ministry to operate within the budget allocation of the government. So far, the ministry has produced reasonable results in putting to use the tax payers money administered by government.  

Directorate of Immigration, Alien Control and Citizenship 

The Directorate is organised into two main divisions, namely the Division of Immigration, Aliens and Border Control and the Division of Passport and Citizenship. 

Immigration  

The Immigration Control Act, No. 7 of 1993 and the departure from Namibia Regulation Amendments Act No. 4 of 1993, were enacted and passed by Parliament following the establishment of the ministry in 1990. These Acts directly influence the activities and schedules of the immigration entry points. 

Namibia has twenty-seven border posts and port of entry opened at her common borders with South Africa, Botswana, Zambia and Angola. The influx of foreign nationals entering Namibia has risen from 120 000 per year in 1991 to 645 000 in 1998 with 265 000 Namibians currently going out and coming back into the country.  

Table 1:  Visas issued 

The first training of 180 immigration officers was conducted in Zimbabwe, Nigeria, Egypt and inside Namibia. Training is imperative to the staff of the ministry as the work it is carrying out is regulated under the relevant Acts.  

The ministry is currently reviewing ways and means to have influx control of foreign nationals computerised at all entry points in Namibia. As much as this may be costly, it is the most effective means to ensure that illegal immigrants entering and residing in Namibia are controlled.                       

Infrastructure for six border posts in Namibia were built with anticipation that by the year 2005 all border posts will have the required standard of structures.   

Passport and Citizenship 

The demand for passports is an ongoing process which calls for the ministry to be upgraded to be in line with constant international developments and changes of these documents. The average number of passports issued by the ministry since independence in 1990 stands at

21 000 annually with 1 800 emergency travelling documents issued each year.  

A tender for new machine readable passports has been awarded to one of the tenderers.  The successful company will have to supply passport booklets to the Ministry of Home Affairs.  An agreement has been entered into between the ministry and the company.  The machine readable passports not only will add a new dimension and approach to the issuance of passports but it will also introduce a sophisticated computerized technology. That will enable easier and faster production, allow the ministry to avoid backlog and maintain proper records, make it impossible for forgery, and put Namibia at par with international standards. The introduction of machine readable passports will also do away with the abnormal strain and pressure upon the staff in the section concerned.  

Table 2:  Number of passports and ID cards issued, 1990-1998 

 The unprecedented illegal entry into Namibia during the first years of independence has now subsided. However, the number of foreign nationals contravening Immigration laws has drastically increased in recent years, especially after they have been permitted entry into Namibia. The immigration Tribunal which is established in terms of Article 11(4) of the Constitution and operates as an independent statutory body under the Immigration Control Act 1993, (Act No. 7 of 1993), authorises the deportation of all illegal immigrants that are found in the country.           

The ministry is of strong conviction that the Immigration Tribunal should operate as an independent body similar to the Ombudsman and the Office of the Auditor General. 

The Naturalisation Board set up in terms of the Citizenship Act, No 14 of 1990 has since independence granted 37 257 certificates permits annually. The number has dramatically decreased as opposed to the first years of independence when thousands of persons who lived in Namibia before 1975 and those born in exile took up their citizenship. Alarming and an issue of great concern is the skyrocketing number of citizenship granted because of marriage. Progress has been made to affect changes to the Marriage Act and it is hoped that this increase will be curbed.  

The number of citizenship granted since 1990: 

By Descent                                             7 239

By Registration                         15 790

By Naturalisation                             3 595

By Marriage                                         10 633 

The ministry is currently issuing 6 000 permits, namely work permits, study permit, temporary residence permits, and permanent residence permits. The issuance of visa per year, on average, records 4 400 per year. The high number of permits which has increased three folds at independence to present is an indication of the pressure the staff of the ministry faces as the structure of the section concerned retains the same number of staff members since 1996. This is an issue currently receiving attention with a proposal of a new structure for the said directorate.  

Table 3: Permits considered and issued 

 Table 4: Permanent residence permits 

Directorate of Population Services and Refugee Administration  

Identity Documents 

Civil Registration in Namibia is carried out by the Department of Civic Affairs while the vital statistics are compiled by the Central Statistics Office under the National Planning Commission. The responsibilities of the compilation of the statistics are carried out under the relevant legal framework.  

The Identity Documents are issued in terms of the Identity Act, 1996 (Act 21 of 1996).  

The decentralisation of civic services to all the thirteen regions of the country has placed the ministry at the focal point in reaching out to all citizens, thus making the ministry accessible to all Namibians. Prior to independence Namibia had one central registration office based in Windhoek and an outlet office in Ondangwa. In addition to the existence of Regional Office of Population Services in all thirteen regions, provision for mobile registration has been put in place and has been carried out from time to time.                        

The Ministry of Home Affairs considers one of its major achievements to be the introduction of a new national identity card which commenced production with effect from 1 July 1994 and the enactment of the Identification Act 1996 (Act No 21 of 1996).  

The introduction of the new identification card prompted the purchase of a modern highly technical identification card production system with a capacity to produce 800 identification cards per day (on 24 per day basis) purchased in 1994 to the tune of N$24 000 000.00, including the ID Scan 40 for the thirteen regions. All regions are equipped to make use of the Scan 40 which enables the taking of electronically digitised photos. Disaster Tolerant Backup System was recently purchased to ensure their images on a temporary server are not damaged or destroyed in the event of a fire or natural disaster occurring.  

Whilst the backlog of applications for new identification cards was experienced from 1995 to 1997 due to maintenance problems, the production has now normalised to the extend that all regional offices now keep up to 70 000 identification cards ready for collection. The ministry publisized 40 000 names during November 1998 in the New Era newspaper inviting the owners to collect their identification cards. This exercise is being contemplated again to sensitize the public to pick up their identification cards at the respective regional offices.  

Table 5: ID cards produced 1990-1998 

 Delinkage of the data base system from the ICL system (mainframe) of the Office of the Prime Minister is currently the primary goal of the division dealing with identification cards in order to surmount the prevailing problem of interference of the ministry’s different computer systems and to address other short comings.   

Mobile registration of identification cards was carried out throughout the country.  

The number of identification cards issued by the Ministry of Home Affairs since 1990 totals 345 000 with 70 000 being old identification cards issued from March 1990 to June 1994 and 300 000 having been issued from the latter year (with the new machine).  

Marriages, Births and Deaths 

The Marriages, Births, and Deaths Amendments Act 1987, (Act No. 5 of 1987) governs the current system of the registration of births, marriages and deaths.  

The current estimate for new and late registration of births is at 1 216 241. Other figures recorded during the period under review are as follows: 

Change of surname                                      1 015                          

Deaths                                                  16 230

Marriage Offices                              188

Marriages conducted                                  2 895 

Loopholes exist for duplication of registration of births as applicants find it easier to obtain new birth certificates rather than applying for duplicate copies. This is mainly due to the system being operated manually. It is expected that the computerisation process of the Population Services Directorate, currently in the process, will address all the discrepancies faced. 

Refugee Administration 

The refugee policy in Namibia demands that refugees live in camps with minimum integration in the local communities. With this view, the Ministry of Home Affairs, The Council of Churches in Namibia, and the United Nations High Commission for Refugees have committed themselves to ensure that refugees are accorded the treatment in line with the Continental and International Laws. Opened in August 1992, Osire Refugee Camp 225 km north-east of Windhoek, serves as a fully fledged refugee camp for all foreign nationals accorded refugee status. The camp’s population grew from 125 in January 1993 to the present 3 716 including 312 who were repatriated back to Angola in 1998.  

Table 6: Registered refugees, 1992-1998 

The government acceded to the International Conventions and Instruments on Refugees ratified by Parliament, e.g. 1951 UN Convention, 1967 UN Protocol and the 1969 O.A.U Convention.

National Forensic Science Institute

The major task of the National Forensic Science Institute is to provide the police and courts with scientific opinion on crimes committed. It provides for scientific basis to the courts following its investigation of crimes reported. The National Forensic Science Institute is a semi autonomous independent body controlled by the Ministry of Home Affairs and owes its reporting directly to the courts.

One of the remarkable accomplishments of the ministry in the field of forensic science is considered to have been the delinkage of the Namibian National forensic Science Institute from South Africa and from any other external forensic service-to become totally independent and in a position to provide the entire spectrum of forensic services required in Namibia. This includes the sophisticated Ballistics and Human Genetics (DNA – Analysis). The remaining important objective would be to gain accreditation in terms of the benchmark International Standard Organisation (ISO).

The cases mainly dealt with by the Institute are drunk and driving, rape, counterfeit money and murders. The staff of the Institute operate on twenty-four hour basis due to the fact that it has to arrive at the scene of crime before evidence disappear.

The marketing of the scope of Forensic Science services to existing and potential clients has resulted in an increase in workload with regard to arson, ballistics and aircraft accident investigations. This is evidenced by significant increase in crime scenes attended by the Institute’s personnel.

Table 7: National Forensic Science Institute Statistics for 1998