The Katutura Magistrate’s Court said there is no evidence indicating that social activist Dimbulukeni Nauyoma instructed protesters to continue with the demonstration after the High Court denied their request to do so.
Magistrate Olivia van der Colf said there is also no evidence of how Nauyoma incited and caused public violence or damaged property.
“Therefore, it is not safe to conclude that there is a strong prima facie case against the accused. It is also not safe to conclude that the accused has the propensity to commit similar offences,” said van der Colf.
The court said Nauyoma has proven on a balance of probability that he is not a flight risk or interfering with ongoing investigations.
Thus, Van der Colf granted him bail of N$5 000 on the condition that he does not engage in any illegal public demonstrations or incite public violence.
Nauyoma has been in custody since his arrest on Independence Day. The activist was arrested alongside EFF’s Michael Amushelelo and PDM’s member of parliament Inna Hengari.
Hengari has since been released on bail, however, Amushelelo remains behind bars.
The three were arrested in connection with a public protest against Namibia’s high unemployment rate among the youth.
Law enforcement deem the protest illegal, as the High Court that same day did not approve protesters’ request to forge ahead with the planned demonstration nationwide after the police turned down their initial request.
After the High Court’s ruling, some angry youth persisted and gathered at the Katutura Youth Centre to commence their demonstration.
Khomas regional crime coordinator Chrispin Mubebo arrived at the venue and declared the protest illegal, and gave protesters five minutes to disperse.
However, some people continued protesting, leading to the arrests of the two activists.
Amushelelo and Nauyoma were among the first to be arrested, followed by Hengari, who had arrived at the Otjomuise police station to offer her support to activists.
The group will return to court on 27 April after their case was postponed for further police investigations.