impossible to do so; therefore, the State submits that the Communication is
inadmissible.
60. The Respondent State further submits that its judicial system is competent to identify
victims of trafficking and prosecute the crime of 'trafficking in persons,' as per the
laws in the State, particularly the Combating of Trafficking in Persons Act (2018).
61. The Respondent State submits that the following matters were successfully tried
within the courts in the Respondent State, which demonstrate the capacity of the State
to deal with trafficking cases: S v. Lukas (2015) in which Johanna Lukas was convicted
in the High Court of Namibia, on five counts of child trafficking in persons under the
Prevention of Organized Crime Act (2004), as well as several charges under the
Combating of Rape Act (2000); and S v. Koch (2018) in which Bertus Koch was
convicted in the High Court of Namibia, on five counts of child trafficking, as well as
five counts of violating the Combating of Immoral Practices Act (1980). 9
62. Accordingly, the Respondent State submits that the Victim can obtain effective and
sufficient relief in line with her prayers to the Commission. The Respondent State
further submits that Section 26 of the Combating of Trafficking in Persons Act (2018)
provides that a trafficking victim may be compensated for loss and/ or damage of
property including loss of incomes, which constitutes a suitable and available remedy.
63. The Respondent State takes note of the Victim's unease, concerns and reservations
concerning returning to Namibia; however, the State submits that as a primary
witness, the Victim's testimony can be obtained and submitted in accordance with
Section 11 of the International Co-operation in Criminal Matters Act (2000), which
provides that a Magish·ate' s Court may issue an order that a person may give a
statement or testify by videoconference.
64. In response to the allegations on the impediments to the finalization of the
investigations, the Respondent State refers to Chacha v. Tanzania10 in which the
Commission held that where the average duration of cases
d two
months, local remedies may not be considered as un1 u1y
State
submits that overriding impediment to the investigatio~ c
o the
effect of the Covid-19 pandemic, on the ability of the poli e to
e the
investigations, owing to the restrictions placed on them
work
from home orders. A further impediment to investiga
~=:::;;:::::::;:;.,enges
9
Respondent State submissions, paragraph 26
10 Respondent State submissions, paragraph 35
12