Auleria Wakudumo
Relatives of a child who was allegedly raped by Penda Namuhuja, are calling for his bail to be revoked. Namuhuja stands accused of raping a nine-year-old girl he and his wife had raised since she was two. He had been in custody since 2 May 2024, as he was initially denied bail. At the time, the State strongly opposed his bail application, citing what it held to be “damning evidence against the accused”. He was, however, granted bail last Friday, which, according to the alleged victim’s relatives, was granted “under controversial circumstances”. Furthermore, the family is alleging that the court’s decision has exposed State witnesses to danger because Namuhuja has begun to intimidate the complainant and the key witnesses in the case following his release on Friday. Namuhuja has since denied the allegations through his lawyer. In a letter seen by New Era and addressed to Prosecutor General (PG) Martha Imalwa, the child’s relatives raised various concerns regarding the case, among them, calls to revoke Namuhuja’s bail immediately. They are also demanding that the PG should ensure protection for the child and all witnesses, as these “will restore public confidence in the justice system’s ability to protect vulnerable children.”
Relatives further allege that the decision to grant bail was made without notifying the victim’s mother or the legal guardians – an action they claim contravenes Sections 60(1)(a) and 60(4) of the Criminal Procedure Act. These sections state that victims of sexual offences have the right to be informed of and attend bail hearings and that bail should be denied if there is a risk of interference or harm. The family also references the Combating of Rape Act, which classifies child rape as a grave offence that warrants strict judicial oversight.
“And as we understand, the investigating officer assigned to the case was also not informed and he was on official leave at the time,” the letter reads. They allege that the bail proceedings were “mishandled and possibly influenced by behind-the-scenes deals”. According to the relatives, since his release, Namuhuja has been seen frequenting areas near the victim’s home, while his family has reportedly spread false information in the community, claiming the case has been dismissed. Witnesses are allegedly being threatened and discouraged from testifying.
“His family has previously made indirect threats to silence witnesses and publicly boasted that ‘tables are about to turn’ because the accused’s wife is finalising a deal to ensure his permanent release,” the letter states.
Due to ongoing safety concerns, the child has been transferred between schools, and her family reports that the trauma has worsened since Namuhuja returned to the area. Relatives accuse the justice system of failing to protect the minor and warn that public trust is eroding due to the release of high-profile suspects in serious criminal cases.
In response to the allegations, Namuhuja’s lawyer, Jan Greyling, strongly denied that his client was making any threats – direct or indirect – against any witnesses.
“Our client denies making any threats or harassing any state witnesses, whether directly or indirectly. Our client is further willing to assist the Namibian Police with any investigations they may be conducting against any person who is alleged to have threatened or harassed any State witness, as our client has a vested interest in ensuring that justice is done in his matter,” he said in a response to New Era. Greyling added that he and his client do not have knowledge of any alleged letter to the PG as they were never provided with a copy of it.
Meanwhile, Imalwa confirmed receiving the letter and said the matter has been referred to the Oshakati High Court, as the Ondangwa Magistrate’s Court – where bail was granted – falls under its jurisdiction.
“I am now waiting for the Oshakati High Court’s response,” Imalwa said.