Craft Bistro saga in court’s hands
Craft Bistro general manager Petra Illing has filed an urgent application at the Windhoek High Court to stop her from being deported.
The German national filed the application last week, citing the home affairs and immigration ministry, the immigration selection board and its chairperson and the immigration tribunal as respondents.
Illing was taken in for questioning by immigration officials last Wednesday for allegedly working on an expired visa and operating a business illegally. She was subsequently given 48 hours to leave Namibia.
Her troubles came to light when workers at Craft Bistro protested ill treatment, alleging they had not been paid for work done in November last year.
In her founding affidavit, Illing described herself as a business woman, saying she has been in the country for 28 years, since 1994.
She applied for several short-term work permits during her stay in Namibia, which were extended. The last lapsed on 11 November.
She then applied for both a permanent residence permit and a short-term work permit, but on 9 January, she was informed that her application was rejected.
Illing wants the court to order the immigration selection board to issue her a short-term employment visa pending her application to become a permanent resident.
The respondents have indicated that they intend to oppose the present application, including the issue of urgency, and wish to be afforded an opportunity to file their papers. They undertook not to take any action against Illing until the finalisation of the application.
The matter will be heard by High Court judge Boas Usiku on 27 January.
Agreement
Meanwhile, the ministry of labour and the owner of Craft Bistro on Friday signed an agreement that all the restaurant’s workers will receive their outstanding salaries and that no one will be dismissed.
This is according to Bernard Petrus of the labour ministry, who said that there are about 15 employees. Illing was employed at Craft Bistro as a manger, he added.
“She does not have the proper documentation to be here. She is the one who has caused the conflict within the company. I told the owner I do not want that woman to instruct workers any more.”
He said Illing reduced employees’ overtime payments and when they tried to claim, she refused to pay them.
“That is why the problem came in at the restaurant.”
Craft Bistro reopened on Saturday, he said.
Its owner Urs Gamma said the matter has been resolved with the help of labour ministry officials.
He further clarified that Illing is not a co-owner of the bistro, but an investor in the business who held the position as general manager while he was not in the country.
“She stood in for me while I was away. I was born in Switzerland, I have been a Namibian citizen since 1992 and I have the honour to be the honourable council of Switzerland in this country.”
He added that a criminal case has also been opened against activist Michael Amushelelo for disrupting business, threatening guests and for a loss in business.
Expired documents
City of Windhoek spokesperson Harold Akwenye confirmed that a fitness certificate for Craft Bistro expired towards the last quarter of last year.
Notifications in the form of text messages and emails were sent as per the norm to those whose certificates expired, he said.
“We normally expect the businesses to come renew their certificates after expiry. If not renewed, we send our inspectors to go do a physical investigation.”
Akwenye said given the many investigations pending, their inspectors had not visited Craft Bistro yet.
According to him, the penalty is a fine of N$2 000, plus a provisional late renewal fee of 15% as per the Government Gazette tariffs.
The German national filed the application last week, citing the home affairs and immigration ministry, the immigration selection board and its chairperson and the immigration tribunal as respondents.
Illing was taken in for questioning by immigration officials last Wednesday for allegedly working on an expired visa and operating a business illegally. She was subsequently given 48 hours to leave Namibia.
Her troubles came to light when workers at Craft Bistro protested ill treatment, alleging they had not been paid for work done in November last year.
In her founding affidavit, Illing described herself as a business woman, saying she has been in the country for 28 years, since 1994.
She applied for several short-term work permits during her stay in Namibia, which were extended. The last lapsed on 11 November.
She then applied for both a permanent residence permit and a short-term work permit, but on 9 January, she was informed that her application was rejected.
Illing wants the court to order the immigration selection board to issue her a short-term employment visa pending her application to become a permanent resident.
The respondents have indicated that they intend to oppose the present application, including the issue of urgency, and wish to be afforded an opportunity to file their papers. They undertook not to take any action against Illing until the finalisation of the application.
The matter will be heard by High Court judge Boas Usiku on 27 January.
Agreement
Meanwhile, the ministry of labour and the owner of Craft Bistro on Friday signed an agreement that all the restaurant’s workers will receive their outstanding salaries and that no one will be dismissed.
This is according to Bernard Petrus of the labour ministry, who said that there are about 15 employees. Illing was employed at Craft Bistro as a manger, he added.
“She does not have the proper documentation to be here. She is the one who has caused the conflict within the company. I told the owner I do not want that woman to instruct workers any more.”
He said Illing reduced employees’ overtime payments and when they tried to claim, she refused to pay them.
“That is why the problem came in at the restaurant.”
Craft Bistro reopened on Saturday, he said.
Its owner Urs Gamma said the matter has been resolved with the help of labour ministry officials.
He further clarified that Illing is not a co-owner of the bistro, but an investor in the business who held the position as general manager while he was not in the country.
“She stood in for me while I was away. I was born in Switzerland, I have been a Namibian citizen since 1992 and I have the honour to be the honourable council of Switzerland in this country.”
He added that a criminal case has also been opened against activist Michael Amushelelo for disrupting business, threatening guests and for a loss in business.
Expired documents
City of Windhoek spokesperson Harold Akwenye confirmed that a fitness certificate for Craft Bistro expired towards the last quarter of last year.
Notifications in the form of text messages and emails were sent as per the norm to those whose certificates expired, he said.
“We normally expect the businesses to come renew their certificates after expiry. If not renewed, we send our inspectors to go do a physical investigation.”
Akwenye said given the many investigations pending, their inspectors had not visited Craft Bistro yet.
According to him, the penalty is a fine of N$2 000, plus a provisional late renewal fee of 15% as per the Government Gazette tariffs.
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