A Judge of the Windhoek High Court has ordered Namibia's immigration authorities to release seven employees of a diamond-cutting company who were detained as alleged prohibited immigrants last week.
Acting judge Michael Mtambo ordered the minister of home affairs, immigration, safety and security, the chief of immigration and the station commander of Windhoek Central Police Station to release the seven Indian citizens on Saturday, after hearing an urgent application filed by the men's employer, the Brilliant Star Diamonds Namibia, and the seven men themselves.
The seven men were released on Sunday.
In a sworn statement filed at the court on Saturday, one of the men, Viral Shah, said he and his colleagues were arrested after two immigration officials and a number of police officers arrived at their place of employment in the Prosperita area of Windhoek on Wednesday last week.
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The arrests were carried out after the officials had asked for the employment permits of all of Brilliant Star Diamonds Namibia's non-Namibian employees, Shah said.
According to notices that the officials handed to Shah and his colleagues, he was detained for allegedly aiding prohibited immigrants in Namibia, while his colleagues were accused of being prohibited immigrants.
Shah said in his statement that he is in possession of a valid Namibian employment permit which is due to expire in December 2027.
Shah disputed that he and his colleagues are prohibited immigrants in Namibia, and said all of them have valid permits to be in Namibia.
"Our respective passports contain the permits in terms of which we are entitled to remain in Namibia, and the immigration officers perused the passports and saw the permits endorsed in the passports," Shah stated.
He added: "The immigration officers thus could not have reasonably suspected that we are prohibited immigrants."
Shah recounted that he first entered Namibia in 2023, and since then has been issued with successive employment permits to be employed by Brilliant Star Diamonds Namibia.
He said one of his colleagues entered Namibia in 2022, and after he had been issued with employment permits to be employed by the company, he is currently waiting for a renewed employment permit to be issued to him.
Two of his colleagues entered Namibia in 2024, have applied for the renewal of their employment permits, and have in the meantime been issued with visitors' entry permits while they wait for the outcome of their renewal applications, Shah said.
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Two other colleagues also entered Namibia in 2024, Shah informed the court.
He added that applications for the renewal of their employment permits have been rejected, but the ministry has been asked to reconsider their applications.
A sixth colleague, who entered Namibia in December 2025, has applied for the renewal of his employment permit as well, Shah said.
He claimed this showed he and his colleagues are all lawfully in Namibia, and that they could not be detained as prohibited immigrants.
Shah further informed the court that after they were detained on Wednesday last week he and his colleagues were not brought before a magistrate within 48 hours.
Instead, they were informed that as prohibited immigrants they could be detained for up to 14 days at a time without appearing in court, Shah said.
Lawyer Norman Tjombe represented the applicants in the urgent application before Mtambo.
The minister, chief of immigration and the Windhoek police station commander did not oppose the urgent application.
