The Namibia Economic Freedom Fighters has accused the prosecutor general’s office of wielding political power and wasting resources after pursuing eight people, accused of inciting public violence, while “the State had no case”.

Activists Michael Amushelelo and Dimbulukeni Nauyoma as well as six others, who were arrested on 13 May 2022 for the incitement of public violence, were yesterday set free by the Windhoek Magistrate’s Court in Katutura after their case was dismissed when the office of the prosecutor general failed to pronounce itself on the matter within the prescribed time. 

Contacted for comment, PG Martha Imalwa said she could not talk at that moment. She also did not respond to a text message sent to her mobile number.

Amushelelo was arrested on 12 May after handing himself over, while Nauyoma was arrested on 13 May in connection with the shutting down of Chinatown, following the Namibia Revenue Agency’s decision to burn N$5 million worth of counterfeit goods. 

Nauyoma was part of a demonstration at the business complex in Windhoek’s Northern Industrial Area. Among those who were arrested on the day was the president of Namibia Economic Freedom Fighters (NEFF) Epafras Mukwiilongo and Amushelelo’s wife.  

Nauyoma and Amushelelo were denied bail and appealed the decision in the High Court, while the six others were released on warning.

 After almost 100 days in custody, they were released on a N$5 000 bail bond. 

As part of their release on bail, the court ordered that they could not be within a one-kilometre radius of Chinatown and they should not mobilise or get involved in any unlawful public gatherings. NEFF yesterday accused government of abuse of power through the police. The deputy leader of the party, Kalimbo Iipumbu, said this case has made a mockery of the justice system, and it was a direct humiliation of the accused persons.

“This case has now been struck off the roll of the court, based on a failure by the PG’s office to decide on whether to prosecute or not. This must be understood to be a direct humiliation of those who survive by wielding raw political power to settle scores and a lesson that in Namibia, no one can be above the constitution,” said Kalimbo.

They said the PG must decide based on the existence of a prima facie case, which should result in a successful prosecution without wasting the State’s resources. 

Kalimbo said the PG also failed to admit before the court that there is no single iota of reasonability for the State to continue dealing with the matter.  “This is gross incompetence that we have had to deal with and a dangerous indecisiveness to which our people must be subjected after 32 years of independence,”  he said. Activist Nauyoma said politics and the justice system should be separated.

“Let us separate politics from the justice system. There are a lot of people in prison and custody who are awaiting the PG’s decision on the matter. These people’s lives are subjected to one person making them suffer,” he explained.

He said they have made history.

“Our arrests must be a wake-up call to the Namibian people to see how our justice system is reduced to politics,” he said.

The defence lawyer of the accused persons, Kadhila Amoomo, agreed.

“Let political battles remain in the political arena. Our client’s bail money was refunded to them. We welcome the ruling by the magistrate to have the matter struck,” tweeted Amoomo.

Restrategising 

The two activists, Amushelelo and Nauyoma, said they have given themselves space to restrategise on their activism activities that will be result-driven, instead of being on social media. “Our spirits are not broken by prison. We will continue to fight for economic emancipation until our goals are met,” said Amushelelo.

Amushelelo said that history has taught them a lot that has now forced them to come up with new strategies that will be result driven.

“I will never retire until I achieve what I want to achieve. I have welcomed the judgement, as it has set us free to do what we like to do most,” he added. Nauyoma, who welcomed the judgement, rushed to dismiss reports that he retired from activism.

“I want to make it clear that I have not retired. I have only divorced my activism from the Affirmative Repositioning movement and other organisations. My activism is now independent and is separated from any other organisation,” 

he said.  

He concurred with Amushelelo that they gave themselves space to come up with new strategies for their activism, as they have learned a lot from the past actions they undertook in Chinatown that led to their arrests.

- ljason@nepc.com.na