Nauyoma, Amushelelo can’t celebrate – PG
Activists’ relief could be short-lived
The prosecutor-general says it was, in fact, her office that applied for the temporary withdrawal of the case.
Prosecutor-General Martha Imalwa yesterday said it would be premature for activists Dimbulukeni Nauyoma and Michael Amushelelo to celebrate Monday’s withdrawal of their court case, as the pair may be re-charged.
“The case has to go back to the police to investigate and thereafter it will be resubmitted, but I can tell you that if there is evidence to prosecute someone, we will not hesitate,” she told Namibian Sun.
The criminal case against Amushelelo, Nauyoma and six others was withdrawn this week after prosecutors failed to make a decision within the stipulated time frame. Prosecutors were on final remand from the court after several postponements.
Nauyoma and Amushelelo spent three months in jail after protesting at Windhoek’s Chinatown. The pair alleged that Chinese nationals were allowed to sell counterfeit goods while Namibians who ventured into similar activities had their items confiscated and burned to ashes.
Reacting to the case’s withdrawal, the pair’s lawyer Kadhila Amoomo said: “The office of the prosecutor-general is clearly not serious about the matter outside the political gimmicks and the media attention that the matter attracted. There was no prosecutorial effort underpinning the case”.
He added that his clients were looking forward to having their day in court to prove their innocence.
Imalwa retorted: “You can only celebrate if the prosecutor-general decided to decline to prosecute anyone. Therefore, the case is not over. They should wait for my decision. I have listened to the comments from their lawyer”.
Still investigating
She added that, in fact, it was the prosecutors who applied for the matter to be withdrawn due to a variety of reasons, including a plan to refer the matter back to the police for further investigations.
“The court simply accepted what the prosecutor has said, but there are cases in law where the judges of the High Court have always emphasised that the postponement is not for merely asking, but you have to motivate.”
Imalwa defended the prosecutor in the matter, saying she fell ill and this delayed her case.
“The prosecutor who was assigned to the case, I can't even say she delayed the case. Because she was admitted to the hospital from 26 to 29 October and then was discharged. She was on sick leave from 31 October until 4 November, recovering.
“You can't say the case was delayed. The public should understand that prosecutors are humans. We get sick and are overworked. It is well-known and on record that there are not enough prosecutors in the country,” she said.
“And I want to inform you that the prosecutor was working on it throughout the weekend, but investigations are still incomplete.”
Applaud us
The prosecutor-general said Namibians pay more attention to perceived wrongdoing and never to good things involving her office.
“I don't know why when something is bad in the eyes of the public, everyone seems to care, but with the goodness that comes from the prosecutors of Namibia, no one seems to be interested.
“I need our media to focus on the benefits the prosecution brings to the country. People resign, and those who stay are committed to serving the country. We need to be applauded when we do good.”
Face the music
Nauyoma, speaking on The Evening Review hours after the matter was withdrawn on Monday, said: “The prosecutor-general has failed this country in terms of the administration of justice because she was unable to make a determination, but we don’t blame her because the powers that be are probably saying ‘prosecute, prosecute’.
“[Imalwa] must make a determination, based on the facts provided, whether there is a case,” he added.
To this, Imalwa said: “What I can tell them is that Namibia is governed by the rule of law and no one can take the law into his or her own hands. You will face the music”.
“The case has to go back to the police to investigate and thereafter it will be resubmitted, but I can tell you that if there is evidence to prosecute someone, we will not hesitate,” she told Namibian Sun.
The criminal case against Amushelelo, Nauyoma and six others was withdrawn this week after prosecutors failed to make a decision within the stipulated time frame. Prosecutors were on final remand from the court after several postponements.
Nauyoma and Amushelelo spent three months in jail after protesting at Windhoek’s Chinatown. The pair alleged that Chinese nationals were allowed to sell counterfeit goods while Namibians who ventured into similar activities had their items confiscated and burned to ashes.
Reacting to the case’s withdrawal, the pair’s lawyer Kadhila Amoomo said: “The office of the prosecutor-general is clearly not serious about the matter outside the political gimmicks and the media attention that the matter attracted. There was no prosecutorial effort underpinning the case”.
He added that his clients were looking forward to having their day in court to prove their innocence.
Imalwa retorted: “You can only celebrate if the prosecutor-general decided to decline to prosecute anyone. Therefore, the case is not over. They should wait for my decision. I have listened to the comments from their lawyer”.
Still investigating
She added that, in fact, it was the prosecutors who applied for the matter to be withdrawn due to a variety of reasons, including a plan to refer the matter back to the police for further investigations.
“The court simply accepted what the prosecutor has said, but there are cases in law where the judges of the High Court have always emphasised that the postponement is not for merely asking, but you have to motivate.”
Imalwa defended the prosecutor in the matter, saying she fell ill and this delayed her case.
“The prosecutor who was assigned to the case, I can't even say she delayed the case. Because she was admitted to the hospital from 26 to 29 October and then was discharged. She was on sick leave from 31 October until 4 November, recovering.
“You can't say the case was delayed. The public should understand that prosecutors are humans. We get sick and are overworked. It is well-known and on record that there are not enough prosecutors in the country,” she said.
“And I want to inform you that the prosecutor was working on it throughout the weekend, but investigations are still incomplete.”
Applaud us
The prosecutor-general said Namibians pay more attention to perceived wrongdoing and never to good things involving her office.
“I don't know why when something is bad in the eyes of the public, everyone seems to care, but with the goodness that comes from the prosecutors of Namibia, no one seems to be interested.
“I need our media to focus on the benefits the prosecution brings to the country. People resign, and those who stay are committed to serving the country. We need to be applauded when we do good.”
Face the music
Nauyoma, speaking on The Evening Review hours after the matter was withdrawn on Monday, said: “The prosecutor-general has failed this country in terms of the administration of justice because she was unable to make a determination, but we don’t blame her because the powers that be are probably saying ‘prosecute, prosecute’.
“[Imalwa] must make a determination, based on the facts provided, whether there is a case,” he added.
To this, Imalwa said: “What I can tell them is that Namibia is governed by the rule of law and no one can take the law into his or her own hands. You will face the music”.
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