Magistrate Masule Kwezi has remanded Michael Amushelelo and Dimbulukeni Nauyoma in custody, saying if they are released, they will commit further offences.
Kwezi, of the Katutura Magistrate’s Court said, “I have considered the possibility of admitting the two applicants to bail subject to stringent conditions, however, given the risk that they may continue to commit further offences, I found no appropriate conditions that would curtail and sufficiently allay the State’s fear in that respect.”
Kwezi informed the accused on Tuesday that the court considered the view that the two have committed the public violence offences whilst both are out on bail on other charges with conditions having been attached, hence, “I have come to the finding that there is a possibility that if released, they may commit further offences,” he said.
Lawyers representing the Chinatown protestors said the magistrate committed several irregularities in law and facts, which materially influenced the court’s decision to refuse bail to the duo.
Kadhila Amoomo indicated due to such irregularities, they will appeal against the decision to deny the two bail.
Amoomo said after a thorough study of Kwezi’s ruling, it has become apparent that the magistrate misdirected his judgement which, if reviewed by a High Court judge, could be set aside.
“It is clear as daylight that accordingly, an appeal will be submitted on behalf of Dimbu and Amushe. We urge everyone to exercise restraint and keep faith in our judiciary,” he said.
Amoomo said they will be attacking the ruling from a point of poor legal reasoning.
In terms of the court rules and procedures, the appellants have 14 days to file their intention to appeal, and Amoomo said he hopes to convince the court to hear the matter on an urgent basis.
The lawyer representing Amushelelo, Nambili Mhata has cautioned the public to remain calm, maintain discipline within the rule of law, and have faith in the justice system and judicial process.
Amushelelo and Nauyoma, alongside six others, were arrested week ago and stand accused of public violence when they staged a protest against Chinese business owners, whom they claim, are being allowed to sell counterfeit goods. The protests followed a revelation that the Namibia Revenue Agency (NamRA) destroyed counterfeit goods worth N$5 million imported from China. The goods were perceived to belong to local