Namibian-born teacher battles for citizenship recognition
Woman declared stateless, seeks court intervention
The home affairs has been dragged to court after it made an unexpected U-turn by denying Namibian citizenship to Janine van Wyk, who is in possession of a birth certificate showing she was born in the country, a valid ID and several passports issued to her over the years.
A 33-year-old teacher from Swakopmund who was born in Namibia has turned to the Windhoek High Court to overturn a sudden decision by the home affairs ministry that she is not a Namibian citizen, despite possessing a valid Namibian birth certificate and ID.
“It is incomprehensible that the ministry has decided I am not a citizen of the country in which I was born. This has a significant impact on my life, and I feel like an illegal immigrant in my birthplace and where I have lived all my life," Janine van Wyk, a 33-year-old teacher from Swakopmund, who is suing the home affairs and immigration ministry after they refused to renew her passport, says in a court affidavit.
"I was astonished to hear that I am not a Namibian citizen, even though I was born in Namibia and have lived here all my life,” she informed the court.
Born in Namibia
In her affidavit filed at the Windhoek High Court, Van Wyk noted that, according to the home affairs ministry, “my birth certificate and identity documents issued by the ministry mean nothing since they are not proof that I am a Namibian citizen. This is despite the fact that my identity documents show my status as a citizen of Namibia."
"I am essentially stateless now."
Van Wyk explains that she has lived her entire life in Namibia and has no ties to South Africa or any other country.
In her application, she requests the court issue an order overturning the ministry's decision declaring that she is not a Namibian citizen. She further demands that the court compel the ministry to declare her a citizen of the country.
Although the ministry has already indicated that it will oppose the case, no answering affidavits have been filed yet, and the case has been postponed to 13 November.
Born in Namibia
Both of Van Wyk's parents were South Africans who moved to Namibia in November 1990 to help her grandfather build an ammunition factory (Namib Arms and Ammunition). "At that time, my mother was pregnant with me, and I was born on March 20, 1991, in Keetmanshoop."
In May 1991, after Van Wyk's birth, her father was granted a temporary residence permit to work for Namib Arms and Ammunition. Based on her father's work permit, Van Wyk and her mother were also granted temporary residence permits.
In 1992, construction on the factory was halted and the family moved to Koës, where her father began working at a lodge.
In July 1994, Van Wyk's parents, who still reside in Namibia, received permanent residence permits.
National documents issued
Van Wyk received her first Namibian identity document (ID) in February 2018. "I have been issued a Namibian passport several times without any issues. My last passport expired on November 2, 2022," she says.
However, it was when Van Wyk had to travel with her school's hockey team to South Africa in 2023 and wanted to renew her passport that she encountered an unexpected obstacle.
"I was informed that I must prove that my parents were residing in Namibia at the time of my birth and I was told to wait for approval by the 'Ordinary Residence Committee' before a passport could be issued to me.
"Since there was not enough time to wait for a decision before I had to leave for Cape Town, a temporary 'brown' passport, valid for one year, was issued to me."
Circumstances around birth
In March of this year, Van Wyk was notified that the ministry had decided she is not a Namibian citizen because her parents had no proof of legal residence at the time of her birth.
"We have diligently searched for any documentary evidence that my parents were legal and/or ordinary residents in Namibia at the time of my birth, but there is none."
In her statement, Van Wyk insists that her parents were not illegal immigrants at the time of her birth.
"This is not a case where a pregnant tourist came to Namibia and gave birth while visiting. My parents were living in Namibia on a permanent basis at the time of my birth," Van Wyk argues, adding that her parents came to Namibia with the intention of making it their permanent home.
“It is incomprehensible that the ministry has decided I am not a citizen of the country in which I was born. This has a significant impact on my life, and I feel like an illegal immigrant in my birthplace and where I have lived all my life," Janine van Wyk, a 33-year-old teacher from Swakopmund, who is suing the home affairs and immigration ministry after they refused to renew her passport, says in a court affidavit.
"I was astonished to hear that I am not a Namibian citizen, even though I was born in Namibia and have lived here all my life,” she informed the court.
Born in Namibia
In her affidavit filed at the Windhoek High Court, Van Wyk noted that, according to the home affairs ministry, “my birth certificate and identity documents issued by the ministry mean nothing since they are not proof that I am a Namibian citizen. This is despite the fact that my identity documents show my status as a citizen of Namibia."
"I am essentially stateless now."
Van Wyk explains that she has lived her entire life in Namibia and has no ties to South Africa or any other country.
In her application, she requests the court issue an order overturning the ministry's decision declaring that she is not a Namibian citizen. She further demands that the court compel the ministry to declare her a citizen of the country.
Although the ministry has already indicated that it will oppose the case, no answering affidavits have been filed yet, and the case has been postponed to 13 November.
Born in Namibia
Both of Van Wyk's parents were South Africans who moved to Namibia in November 1990 to help her grandfather build an ammunition factory (Namib Arms and Ammunition). "At that time, my mother was pregnant with me, and I was born on March 20, 1991, in Keetmanshoop."
In May 1991, after Van Wyk's birth, her father was granted a temporary residence permit to work for Namib Arms and Ammunition. Based on her father's work permit, Van Wyk and her mother were also granted temporary residence permits.
In 1992, construction on the factory was halted and the family moved to Koës, where her father began working at a lodge.
In July 1994, Van Wyk's parents, who still reside in Namibia, received permanent residence permits.
National documents issued
Van Wyk received her first Namibian identity document (ID) in February 2018. "I have been issued a Namibian passport several times without any issues. My last passport expired on November 2, 2022," she says.
However, it was when Van Wyk had to travel with her school's hockey team to South Africa in 2023 and wanted to renew her passport that she encountered an unexpected obstacle.
"I was informed that I must prove that my parents were residing in Namibia at the time of my birth and I was told to wait for approval by the 'Ordinary Residence Committee' before a passport could be issued to me.
"Since there was not enough time to wait for a decision before I had to leave for Cape Town, a temporary 'brown' passport, valid for one year, was issued to me."
Circumstances around birth
In March of this year, Van Wyk was notified that the ministry had decided she is not a Namibian citizen because her parents had no proof of legal residence at the time of her birth.
"We have diligently searched for any documentary evidence that my parents were legal and/or ordinary residents in Namibia at the time of my birth, but there is none."
In her statement, Van Wyk insists that her parents were not illegal immigrants at the time of her birth.
"This is not a case where a pregnant tourist came to Namibia and gave birth while visiting. My parents were living in Namibia on a permanent basis at the time of my birth," Van Wyk argues, adding that her parents came to Namibia with the intention of making it their permanent home.
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