Iuze Mukube
Acting Judge Anne-Doris Hans-Kaumbi said the aim of the sentence in a contempt of court [facie curiae] matter is to bring an offender to his senses in the very proceedings in which the offence is committed.
Social activist Michael Amushelelo was convicted on a charge of contempt committed in court on 7 April 2025.
He was sentenced to pay a fine of N$5 000.
In default of such payment, he faces six months imprisonment.
“A further six months imprisonment, which is wholly- suspended for a period of two years on condition that you are not found guilty of contempt of court committed during the period of suspension is imposed,” Hans-Kaumbi said.
Amushelelo made contemptuous remarks, referring to judicial officers as “puppets” and “little gods”, during a court session dealing with a contempt of court order.
The case was brought against him by Nampol Inspector General Joseph Shikongo.
Hans-Kaumbi stated that in the same vein, deterrence is directed at getting the offender to refrain from continuing with his contemptuous conduct in proceedings that are underway.
“The punishment is not meant to hurt the offender but to bring about an end to the outrage to the court’s esteem and authority,” the judge said.
She reiterated that the imposition of the punishment is to enforce the court’s authority and not for retribution. “The authority of the court is too precious to attempt to measure it against any punishment that may be imposed for conduct that harms it,” she said.
Hans-Kaumbi stated that Amushelelo, as a social activist, has a crucial role in promoting equality, fairness and human rights within society.
She added that it is the very courts that he was undermining that he will have to employ to enforce the rights of those whose human rights are infringed.
“If we politicise the judiciary, we risk turning justice into a tool for power, rather than fairness,” the judge said.
She continued that his blatant disrespect for judicial officers in the court threatens all these fundamental principles.
Hans-Kaumbi said if his conduct is left unaddressed, it shall lead to the erosion of the rule of law, which in turn leads to anarchy.
She stated that the sentence will send a message to Amushelelo and society at large that a threat to judicial independence shall not be tolerated, and will result in severe consequences.
This will discourage others from acting contemptuous towards the judiciary and deter individuals from disrespecting the court in future.
Senior legal expert Natjirikasorua Tjirera said much like any institution or house governed by rules, the court of law operates under similar principles.
“You can forcefully advance an argument in court without insulting. You can argue a point with vigour and determination, yet remain respectful,” he said.
He added that there are consequences when you break the rules of an institution.
Tjirera said one simply cannot go to court, insult a judge, and expect to get away with it.
He said insults are not African and there is nothing revolutionary about insults.
He stated that it exposes a lack of depth in argument and a vacuum of ideas. “We should never mistake insults for a revolution,” he advised.