Prison only hardened our fortitude – Nauyoma
KRISTIEN KRUGER & TOIVO NDJEBELA
Windhoek
Activist Dimbulukeni Nauyoma says spending nearly three months in jail alongside Namibia Economic Freedom Fighters (NEFF) commissar Michael Amushelelo has only convinced them to up the ante on activism against injustices in the country.The pair were granted bail in the Windhoek High Court yesterday, having been behind bars since May.
Nauyoma, a founding member of the Affirmative Repositioning movement, said his father, grandmother and uncle all spent time in jail in pursuit of justice during the liberation struggle, and he is not afraid to endure the same.
They were arrested for threatening to close down Chinatown, which they said was given preferential treatment by the Namibia Revenue Agency (NamRa), while counterfeit goods belonging to Namibians were being destroyed. NamRa dismissed these claims at the time.
“Our resistance is an outcome of unjust laws – just like those who resisted apartheid. Apartheid was a legal system, but its laws were unjust and that is why people resisted it,” Nauyoma told Namibian Sun yesterday.
“If you want to harden an iron, just put it in the fire. That’s exactly what the authorities did to us. In fact, we feel we came out of jail too early because we were just learning more about our oppressive systems.
“If throwing us in jail was meant to intimidate us, it actually did the opposite. Our fortitude has never been more strong.”
Wrong decision
High Court judge Christie Liebenberg granted the two men bail of N$5000 each.
“It is my considered position that the interests of justice do not require the further detention of the appellants. The court’s decision to refuse bail in this matter is wrong and should be set aside,” the judge said.
The bail conditions prohibit the two from going within a radius of one kilometre of Chinatown, and they may also not be involved in any illegal public gatherings.
They were charged with breaching section 18(2)(b) of the Riotous Assemblies Act 17 of 1956, as well as on a complaint of public violence. Amushelelo will stand trial on an additional charge of assault by threat.
The activists’ formal bail application was dismissed by magistrate Kwizi Masule on 24 May in the Katutura Magistrate’s Court.
They then filed an appeal at the High Court to challenge Masule’s decision.
Presumed innocent
According to Masule’s ruling, the fact that both defendants were already on bail for prior offences weighed heavily and contributed to the refusal of bail.
The state argued that there is a realistic possibility that the men would break the law again if granted bail.
But Judge Liebenberg yesterday said: “In relation to the question of whether the appellants will commit further offences, I am satisfied there is insufficient evidence to determine whether there is a real likelihood that the appellants will reoffend when on bail.”
He added: “I am convinced that any future actions by the appellants, which will harm the maintenance of law and order or public interest, can be prevented with appropriate bail conditions.”
Amushelelo is currently on bail on charges of fraud, money laundering and tax evasion. He was previously also found guilty of a charge of culpable homicide for a car accident in which he was involved.
Nauyoma is also currently free on bail for a case in which he stands trial on two charges, namely preventing police officers from carrying out their duties and trespassing on land, all in violation of section 2 of Proclamation AG 21 of 1985.
Liebenberg said the men should be presumed innocent until proven guilty and that they had so far complied with the bail conditions in respect of their other charges.
Law into own hands
The question of whether the activists would interfere with the state witnesses or police investigation was not in question in the bail application and was therefore not considered in the appeal application either.
Footage was provided during the bail application which showed Amushelelo telling Chinese retailers during the protest that they would burn their businesses.
Liebenberg concluded his verdict with a warning to the accused not to take the law into their own hands.
“In light of the complaint against the appellants and their proclaimed status as activists willing to participate in public protests, it seems necessary to remind the appellants that in a democratic society, all individuals are equal before the law, while the rights of all individuals are guaranteed and protected under the Namibian Constitution.
“In a democratic state like ours, the executive authorities oversee and uphold the rule of law and it is not for individuals to take the law into their own hands. Such actions are likely to promote lawlessness and must be vigorously combated.”
– [email protected]
Windhoek
Activist Dimbulukeni Nauyoma says spending nearly three months in jail alongside Namibia Economic Freedom Fighters (NEFF) commissar Michael Amushelelo has only convinced them to up the ante on activism against injustices in the country.The pair were granted bail in the Windhoek High Court yesterday, having been behind bars since May.
Nauyoma, a founding member of the Affirmative Repositioning movement, said his father, grandmother and uncle all spent time in jail in pursuit of justice during the liberation struggle, and he is not afraid to endure the same.
They were arrested for threatening to close down Chinatown, which they said was given preferential treatment by the Namibia Revenue Agency (NamRa), while counterfeit goods belonging to Namibians were being destroyed. NamRa dismissed these claims at the time.
“Our resistance is an outcome of unjust laws – just like those who resisted apartheid. Apartheid was a legal system, but its laws were unjust and that is why people resisted it,” Nauyoma told Namibian Sun yesterday.
“If you want to harden an iron, just put it in the fire. That’s exactly what the authorities did to us. In fact, we feel we came out of jail too early because we were just learning more about our oppressive systems.
“If throwing us in jail was meant to intimidate us, it actually did the opposite. Our fortitude has never been more strong.”
Wrong decision
High Court judge Christie Liebenberg granted the two men bail of N$5000 each.
“It is my considered position that the interests of justice do not require the further detention of the appellants. The court’s decision to refuse bail in this matter is wrong and should be set aside,” the judge said.
The bail conditions prohibit the two from going within a radius of one kilometre of Chinatown, and they may also not be involved in any illegal public gatherings.
They were charged with breaching section 18(2)(b) of the Riotous Assemblies Act 17 of 1956, as well as on a complaint of public violence. Amushelelo will stand trial on an additional charge of assault by threat.
The activists’ formal bail application was dismissed by magistrate Kwizi Masule on 24 May in the Katutura Magistrate’s Court.
They then filed an appeal at the High Court to challenge Masule’s decision.
Presumed innocent
According to Masule’s ruling, the fact that both defendants were already on bail for prior offences weighed heavily and contributed to the refusal of bail.
The state argued that there is a realistic possibility that the men would break the law again if granted bail.
But Judge Liebenberg yesterday said: “In relation to the question of whether the appellants will commit further offences, I am satisfied there is insufficient evidence to determine whether there is a real likelihood that the appellants will reoffend when on bail.”
He added: “I am convinced that any future actions by the appellants, which will harm the maintenance of law and order or public interest, can be prevented with appropriate bail conditions.”
Amushelelo is currently on bail on charges of fraud, money laundering and tax evasion. He was previously also found guilty of a charge of culpable homicide for a car accident in which he was involved.
Nauyoma is also currently free on bail for a case in which he stands trial on two charges, namely preventing police officers from carrying out their duties and trespassing on land, all in violation of section 2 of Proclamation AG 21 of 1985.
Liebenberg said the men should be presumed innocent until proven guilty and that they had so far complied with the bail conditions in respect of their other charges.
Law into own hands
The question of whether the activists would interfere with the state witnesses or police investigation was not in question in the bail application and was therefore not considered in the appeal application either.
Footage was provided during the bail application which showed Amushelelo telling Chinese retailers during the protest that they would burn their businesses.
Liebenberg concluded his verdict with a warning to the accused not to take the law into their own hands.
“In light of the complaint against the appellants and their proclaimed status as activists willing to participate in public protests, it seems necessary to remind the appellants that in a democratic society, all individuals are equal before the law, while the rights of all individuals are guaranteed and protected under the Namibian Constitution.
“In a democratic state like ours, the executive authorities oversee and uphold the rule of law and it is not for individuals to take the law into their own hands. Such actions are likely to promote lawlessness and must be vigorously combated.”
– [email protected]
Comments
Namibian Sun
No comments have been left on this article