Mother alleges abuse following removal of child by court

Hertta-Maria Amutenja

The Children’s Court in Windhoek ordered the removal of an eight-year-old girl from her mother’s care on 23 January.

The mother, who is known to the Windhoek Observer as Nautende, opposed the decision.

Videos circulating online show Nautende resisting attempts by police and a social worker to enter her home.

In one clip, she claims that the police sprayed teargas inside the house during the operation.

Speaking to the Windhoek Observer, Nautende alleged that authorities misled her about the situation and forcibly removed her child by taking her to Katutura Hospital under false pretences.

“They told me they were taking my child to the hospital, but when we arrived, six men pinned me down and injected me with something. They claimed I wasn’t mentally stable. I was left tied to a hospital bed, and they took my phones, laptop, and clothes,’ she said.

She further claimed that she was left unattended in the hospital and that attempts to contact her family were initially unsuccessful.

Nautende also made allegations regarding her child’s welfare, accusing family members of sexually abusing the child. 

She said she learnt about the alleged incidents during a visit in December 2024.

“My daughter told me she was forced to sleep with her grandfather and other family members. These are horrific allegations, and no one is taking them seriously,” she said.

The court action followed concerns raised under the Child Care and Protection Act 3 of 2015.

In the order, Children’s Commissioner Olivia van der Byl said it was deemed to be in the best interest of the minor child that she be removed from the care and custody of the mother. 

The Act empowers a children’s commissioner to authorise such actions if there is evidence suggesting that a child’s safety or well-being is at imminent risk.

“The Namibian Police shall remove the minor child with immediate effect and with the assistance of the designated social worker, Potrix Lamberth. The child was placed temporarily with the child’s aunt, identified as the primary caregiver, pending further investigations,” reads the court order.

Social worker Fransins Uukule provided insight into the factors guiding such decisions and the challenges social workers face.

 According to Uukule, the decision to remove a child is typically based on the best interests of the child, prioritising their safety, well-being, and development. 

“When there is evidence that the child is at risk of physical, emotional, or sexual abuse within their home environment. If caregivers fail to provide essentials such as food, shelter, healthcare, or education, this neglect threatens the child’s well-being. Unsafe Living Conditions*: When the home environment is deemed unsafe due to factors such as domestic violence, substance abuse, or exposure to criminal activities,” said Uukule.

Uukule said when a child is removed, there are stringent measures to ensure their protection and emotional support. 

“Children are placed in registered facilities or with trained foster families, and social workers create care plans to ensure continuous monitoring of the child’s well-being. Psychological support services are available to help children cope with the trauma of separation, and efforts are made to reunite children with their families when it is safe to do so,” explained Uukule.

Despite these safeguards, Uukule acknowledged the significant challenges social workers face, especially when families resist the removal process. 

“Social workers may lack adequate funding, staffing, or access to facilities, affecting their ability to intervene effectively. In some cases, cultural norms and community expectations may conflict with legal requirements, leading to resistance from the community,” she said.

She added social workers, who often experience emotional stress due to the complexity of balancing family interests with the child’s safety, are working under difficult circumstances.

The removal of the child in this case is one of such interventions necessitated by the rates of violence against children in Namibia. 

According to the 2019 Violence Against Children and Youth Survey, almost 40% of Namibian girls and 45% of boys experienced physical, sexual, or emotional violence during childhood. 

However, many survivors do not receive care services, with only half reporting physical violence and just 15% accessing support.

Police data from 2019 and 2020 reveal that 5 427 gender-based violence-related cases were recorded during those years. 

Children account for 10% of reported murder cases and 32% of reported rape and attempted rape cases annually. 

Approximately 80 children are removed from their homes each year due to abuse or neglect, although experts believe many more cases go unreported.

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