Phala Phala: On the arrest of Imanuwela David - Namibian Police

Preservation initially issued and formal request made to Ministry of Justice in SA, but not response received


16 June 2022



1. The Namibian Police Force has taken note of the talk of the nation and or public concern on the arrest of Mr. Imanuwela David in Namibia during 2020. These undesirable comments are noted on social media as well as newspapers: and these comments hate the potential to erode public confidence in the Namibian Police Force as it could he understood to mean that the Force that is entrusted with the responsibility of upholding the law and protecting the rights of all citizens indeed has failed to act in accordance with the laws and to disseminate accurate information in the case of Mr. Imanuwela David.

2. As the custodian of law and order, we vehemently refute the allegations in the media that states and I quote. "The Namibian Police Force did dirty work for President Ramaphosa". Furthermore, we refute allegations of torture and or abduction of the suspect (Mr. Imanuwela David) and that currently there is a joint investigation underway between the Namibian Police Force and the South African Police Service. Mr. Imanuwela David was arrested and charged for contravening the law and the matter followed the normal due process up to its conclusion as will become apparent in this statement.

3. The Namibian Police Force upholds and respects the right of public access to information. similarly full) supports press freedom which includes the mass media, and hence would not deliberately or for any other purpose withhold any relevant crime related information or underreport on the extend of criminal activities in Namibia.

4. Therefore. in the spirit of transparency and openness. the Namibian Police Force hereby shares the sequence of events following the illegal entry of Mr. Imanuwela David into Namibia as follows:

5. On 12 June 2020. Mr. Imanuwela David illegally entered Namibia through an ungazetted entry point near Noordoewer. //Karas Region by canoe via the Orange River. On the same day. he was assisted by a police officer identified as Sgt Hendrick Hidipo Nghede attached to the Tourism Protection Sub-Division in Luderitz and by Mr. Paulus Alfeus Ngalangi, the Acting CEO of FishCor in Luderitz, to get to Windhoek. The trio drove to Windhoek in the acting CEO's BMW X5 and arrived after midnight. Mr. Imanuwela David spent the night at Faith City Flats. Apartment No: 18 in Rocky Crest.

6. On 13 June 2020 Mr. Imanuwela David was arrested at Hotel 77 Independence Avenue in Windhoek on charges of violating the Immigration Control Act. Act 7 of 1993 and the State of Emergency Regulations that were in place at the time. He was found in possession of Three Hundred Namibia Dollars (N$300). 11 x 100 US Dollar notes. a TAG Hauer watch worth N$28 000. a Rolex watch worth N$280 000, a Gold Chain worth N$163 000 and four (4) cellphones.

7. Upon arrest. Mr. Imanuwela David was subjected to a COVID-19 test and his results came out positive. He was thereafter detained and quarantined at the Hosea Kutako International Airport Police Station holding cells.

8. After he was released from quarantine. Mr. Imanuwela David was then transferred to Noordoewer to appear in court and answer to charges he was arrested for. On 13 November 2020. Mr. Imanuwela David pleaded guilty in the Noordoewer Magistrate Court on Count It C/s 6 r/w Sec and 57 of the Immigration Control Act. Act 7/1993 Entry into Namibia at any place other than a port of entry. and Count 2: C/s 14 (1)(a) r/w Sec 1.14(b). 14(2). 14(3). 91. 100 and 105 of the Customs and Excise Act. Act 20/1998 - failure to declare goods.

9. He was subsequently found guilty as charged and sentenced as follows: Count 1: Five Thousand Namibia Dollars (N$ 5 000) or twelve (12) months imprisonment and for Count 2: Fifteen Thousand Namibia Dollars (N$15 000) or twenty-four (24) months imprisonment. Mr. Imanuwela David ultimately paid a fine of N$ 20 000 in respect of his sentence and was released on the same day. A 48 hours' notice was issued to him by Immigration Officials to leave the country and he subsequently left Namibia via Noordoewer Border Post on 14 November 2020 at about 08H00.

10. The other accused. Mr. Paulus Alfeus Ngalangi and Sgt. Hendrik Hidipo Nghede were also arrested, charged and all pleaded not guilty to Contravening Section 56 (a) r/w Sec and 57 of the Immigration Control Act. Act 7 of 1993. Aiding and abetting an illegal immigrant (common purpose). and Contravening Section34(a) r/wSec 32.46.49 and 51 of the Anti-Corruption Act. Act 8/2001 Corruptly giving gratification to an agent as an inducement (common purpose). Alternative Charge: Contravening Section 35 (2) (a) r/w Sec 32.35(2). 46.49. and 51 of the Anti-Corruption Act. Act 8/2003 — Corruptly giving gratification to an agent as an inducement (common purpose). A separation of trial was made and their matter was postponed to 06-09 June 2022 for trial at Noordoewer Magistrate Court. however hen the matter appeared in June 2022. it could not be finalized thus it was postponed for continuation of trial from 15 — 19 August 2022.

11. It is worth noting that indeed the two police authorities met on 19 June 2020 at what is termed "no-mans" land near Noordoewer. //Karas Region to share operational information pertaining to Mr. David Imanuwela and other Namibian nationals suspected to have stolen money in South Africa and fled to Namibia.

12. It should be clear that the meeting venue was determined by restriction measures of COVID-19 at the time. The meeting resolved for the two police authorities to investigate the matter within their jurisdiction.

13. The Namibian Police Force identified individuals. bank accounts and various properties including lodges. houses and vehicles suspected to have been purchased with proceeds of crime and consulted the Office of the Prosecutor General to consider a preservation order of the assets.

14. A preservation order was issued and a formal request was made through the Ministry of Justice to South Africa to confirm whether or not a crime was registered in South Africa. However. no response was received from South African authorities, resulting in the cancellation of the preservation order and release of assets.

15. It is known and understood that policing issues attract significant media attention hence the public interest. It must therefore also be known and shared with the public that in terms of justice. Namibia is a country that follows the rule of law. Therefore. in terms of any proceedings that transpires within our courts, including the arrest and prosecution of the accused the records are open and accessible to every citizen.

16. The Namibian Police Force wishes to take this opportunity to thank public members for their continuous support granted to law enforcement and the fight against crime. and encourage such support to continue in our quest to make Namibia a safe place for us all.

Thank you for your continuous assistance in educating and informing the Namibian nation.

Sincerely Yours