Aunt ordered to testify
The High Court has ordered the aunt of the minor child in Norah Appolus' care to testify in the custody battle.
The Windhoek High Court has ordered a woman who claims to be the biological aunt of a nine-year-old girl who was removed abruptly from her foster mother, veteran journalist Norah Appolus, to give oral testimony.
Judge Thomas Masuku made the order after Veriwanga Wamana Kasume, in whose care the child ministry wants to place the girl, sent family members to appear in court on her behalf. “No one can stand in for her. She must come to court herself and state her case,” Masuku ordered on Wednesday, before postponing the matter to 14 November. Appolus is suing the state for allegedly handing over the child to a “complete stranger”, while the ministry says she is the biological aunt. She asserts she has been the primary caretaker of the child since 2012, when she was three-year-old. The respondents in the matter are the child welfare ministry, director of child welfare Helena Andjamba, Kasume and Assad Kempanje, a social worker. Meanwhile, the ministry and Andjamba have also instituted legal proceedings for an order directing Appolus to comply with the revised transitional process. Appolus alleges the state forcefully removed her foster child, Lahassain Saeed Khalfan, also known as Zee, and placed her in Kasume's care. She further alleges this was done without proper procedures being followed and not in the best interests of the child. According to her there is no proof that Kasume is Zee's blood relative. It was revealed during previous court proceedings that the biological mother is facing drug charges.
The child was formally placed in Appolus' foster care by the commissioner of child welfare in on 23 June 2015, by way of a court order. Appolus is asking the court for an order that will see Zee returned to her, after she was forcefully removed from Pionierspark Primary School on 6 June. As a result, she brought an ex parte application, which is an application in which the other parties are not notified in advance, because of the extreme urgency.
“I believe that if this application is brought in the normal course, the respondents, especially, Verivanga Wamona Kasume, may well remove Zee from the jurisdiction of this court to avoid her being returned to me,” Appolus argued. Kasume allegedly has Tanzanian roots and is a frequent traveller.
She also has contacts in Angola and did business there for a number of years. According to Appolus, Kempanje also has Tanzanian connections and it is therefore essential that the interim order be granted on an ex parte basis
Louise Jacqueline Uiras, a chief social worker at the child ministry, confirmed the order for Zee's transfer was issued on 31 July last year.
According to her the applicant has known about the order since August last year and has failed to observe the trite principle of full and frank disclosure of all facts. Uiras said Appolus, after 11 months, is unduly and unjustifiably seeking a declaration, without resorting to an appeal or review process in respect of the order. Uiras alleges that Appolus approached the child welfare office in June 2013, seeking to adopt the child who was left behind by a certain Rose Sali Mwangi, a Kenyan national who subsequently fled Namibia. Upon investigation, the child's aunt was tracked down. Uiras said Kasume had given them a full birth certificate and a copy of the passport of the child's mother, Mariam Mohamedi Saidi. According to Uiras, they arranged a meeting with Appolus and Kasume, which was unfruitful due to the heated arguments that ensued. She said during another meeting it was agreed the child would visit Kasume every second weekend. However, this was cancelled after Kasume did not return the child to Appolus on the agreed date.
Judge Thomas Masuku made the order after Veriwanga Wamana Kasume, in whose care the child ministry wants to place the girl, sent family members to appear in court on her behalf. “No one can stand in for her. She must come to court herself and state her case,” Masuku ordered on Wednesday, before postponing the matter to 14 November. Appolus is suing the state for allegedly handing over the child to a “complete stranger”, while the ministry says she is the biological aunt. She asserts she has been the primary caretaker of the child since 2012, when she was three-year-old. The respondents in the matter are the child welfare ministry, director of child welfare Helena Andjamba, Kasume and Assad Kempanje, a social worker. Meanwhile, the ministry and Andjamba have also instituted legal proceedings for an order directing Appolus to comply with the revised transitional process. Appolus alleges the state forcefully removed her foster child, Lahassain Saeed Khalfan, also known as Zee, and placed her in Kasume's care. She further alleges this was done without proper procedures being followed and not in the best interests of the child. According to her there is no proof that Kasume is Zee's blood relative. It was revealed during previous court proceedings that the biological mother is facing drug charges.
The child was formally placed in Appolus' foster care by the commissioner of child welfare in on 23 June 2015, by way of a court order. Appolus is asking the court for an order that will see Zee returned to her, after she was forcefully removed from Pionierspark Primary School on 6 June. As a result, she brought an ex parte application, which is an application in which the other parties are not notified in advance, because of the extreme urgency.
“I believe that if this application is brought in the normal course, the respondents, especially, Verivanga Wamona Kasume, may well remove Zee from the jurisdiction of this court to avoid her being returned to me,” Appolus argued. Kasume allegedly has Tanzanian roots and is a frequent traveller.
She also has contacts in Angola and did business there for a number of years. According to Appolus, Kempanje also has Tanzanian connections and it is therefore essential that the interim order be granted on an ex parte basis
Louise Jacqueline Uiras, a chief social worker at the child ministry, confirmed the order for Zee's transfer was issued on 31 July last year.
According to her the applicant has known about the order since August last year and has failed to observe the trite principle of full and frank disclosure of all facts. Uiras said Appolus, after 11 months, is unduly and unjustifiably seeking a declaration, without resorting to an appeal or review process in respect of the order. Uiras alleges that Appolus approached the child welfare office in June 2013, seeking to adopt the child who was left behind by a certain Rose Sali Mwangi, a Kenyan national who subsequently fled Namibia. Upon investigation, the child's aunt was tracked down. Uiras said Kasume had given them a full birth certificate and a copy of the passport of the child's mother, Mariam Mohamedi Saidi. According to Uiras, they arranged a meeting with Appolus and Kasume, which was unfruitful due to the heated arguments that ensued. She said during another meeting it was agreed the child would visit Kasume every second weekend. However, this was cancelled after Kasume did not return the child to Appolus on the agreed date.
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