By Mbatjiua Ngavirue
WINDHOEK
A senior traditional leader in the Omaheke Region has complained about the lack of concern the police show for the rape of San women.
Senior Councillor of the Batswana Ba Namibia, Michael Isang Simana, says that in his experience the incidence of rape against San women by men from outside their community is disproportionately high.
He attributed this to persistent negative stereotypes that place a lower value on the dignity of San women than that of other women.
He felt upset because of a recent case in which a man raped a San woman at a kindergarten at Mokaleng Roman Catholic village in Aminuis.
The suspect in the case, Immanuel Mboweli, estimated age 30, allegedly raped the woman on September 25, 2007 when she went to collect her child at the kindergarten.
The victim, believed to be 35 years old, is a widow and the mother of four children.
For unexplained reasons, police allegedly only arrested the suspect on October 4 – nine days after the alleged rape.
Mboweli appeared in Leonardville Magistrate’s Court only for the court to release him on N$1 000 bail.
Simana further alleges the Namibian Police made no effort to collect medical evidence from either the victim or the alleged perpetrator.
They never took the victim to a medical practitioner for examination or for the collection of laboratory samples, he says.
The question he and others are asking is what charge did the police present to the court for it to impose such light bail, given that they allegedly did not carry out a proper investigation.
Senior Councillor Simana says he knows of at least five rapes of San women in the past where the police allegedly never bothered to collect medical evidence.
“They know perfectly well that if there is no medical evidence in a rape case, the case is automatically thrown out of court because of lack of evidence.
“It is very painful that these types of incidences continue to happen without serious action being taken,” he said.
The fact the rape took place in a kindergarten – a place of sanctity and safety for children – made the rape especially painful.
Police spokesperson Chief Inspector Angula Amulungu said he could not comment on the specific case at this stage.
Amulungu said he first needed to contact the Regional Commander of Police as well as the Regional Crime Coordinator to obtain concrete information before he could comment.
He however confirmed that standard police procedure is to take the rape victim to the nearest medical centre for examination by a medical doctor and for trauma counselling by a social worker.
The nearest hospital in this case would be Aranos hospital – 60 km away, or less than an hour’s drive.
Simana questioned what value Namibians place on a women’s dignity and her right to protection against rape if they treat the rape of San women so lightly.
“There was clearly pressure from the suspect’s friends to persuade her to withdraw the case, but I talked her into not agreeing.”
The investigating officers further seemed to lack the capacity to conduct proper investigations, thereby deliberately weakening the case of prosecutors.
He broadly hinted at collusion between the suspect’s family and individual police officers.
“President Pohamba constantly speaks out against corruption, but the negligence shown by the police in these rape cases cannot be a coincidence.
“Police officers are paid by the State, but some of them seem to be working for the other side,” he charged.
The stand taken by Senior Councillor Simana is likely to make him unpopular in some official quarters, but he was determined to speak out.
“I have often seen the police working hand in hand with the family of the perpetrator to water down the case by not collecting proper evidence.
“The case then gets thrown out of court because of insufficient evidence. How long will this continue?”
He said the rape of women from other ethnic groups always attracts great attention.
Those communities know how to put the police under pressure, know the procedures and are literate.
“There can be five or more rapes of San women, but no one will ever hear about it.”
Social status, poverty among the San, cultural attitudes and the value placed on other people also played a part in the high incidence of rape against San women.
There is a commonly held traditional belief among some other communities that forcibly engaging in a sexual act with a San woman somehow does not constitute rape.
The argument used is that even within their own community, men are not required to request sex from a woman but take it at their pleasure.
Prosecutor-General Martha Olivia Imalwa expressed outrage when she heard this view.
“Those are myths. I don’t think there is such a thing. Those are outdated ideas that cannot be followed in this day and age,” she angrily reacted.
She described the allegation that the Namibian Police do not give much attention to the rape of San women as very serious.
“I am not aware of this, and I can therefore not comment. The question is better directed to the Namibian Police.”
The PG however categorically stated that only evidence taken by a licensed medical practitioner – not a nurse – would be admissible in court.
“The examination will include analysis of microscopic evidence that only a medical practitioner equipped with the necessary instruments can evaluate.”
Similarly, Simana said that whatever the cultural attitudes from the past, law enforcement officials were responsible for ensuring they followed – and did not compromise – laid down procedures.
“Magistrates and prosecutors should confront the Inspector-General of Police. Those in high authority within the police should also check whether officers are doing their work properly.”
He lamented that traditional authorities sometimes take their people backwards instead of forward.
He deplored the fact that some traditional leaders only act vigorously when rape is committed against women of their own community, but remain passive when it involves a victim from another community.
He pointed out that that although he is a Senior Councillor for the Batswana Ba Namibia, he also successfully ran for, and won office, among the Kgalagadi people.
“Although I am Tswana speaking, I am not speaking on behalf of Tswanas but on behalf of all Namibians,” Simana said.