Court dismisses parole appeal by long-term inmates
A High Court acting judge Lotta Ambunda has ruled that the President may not, through the act of remission, undo what the judiciary has done.
Ambunda delivered the judgment when concluding the case where long-serving five inmates challenged the Namibia Correctional Service (NCS), claiming presidential remissions entitled them to earlier parole.
Ambunda ruled that such power would erode judicial independence.
The five inmates are Rachimo Haradoeb (54), Veikko Shalimba (46), Anton Venasi (57), David Tsamaseb (49), and Simon Josef Kankondi (46).
Ambunda said while the President may grant remission as a goodwill gesture, it does not alter the original sentence imposed by the courts, nor does it accelerate eligibility for parole.
Previous ruling
The five inmates, serving long-term or life sentences, referenced a September 2023 ruling by Deputy Judge President Hosea Angula, which stated they were eligible for remission upon recommendation by the National Release Board.
They explained that this supported their claim for full one-third remission.
However, the court found no clear directive mandating remission be calculated in a fixed way nor any legal justification for their interpretation.
An additional request by the inmates for a court order directing correctional officials to grant them full remission credits and to circulate the judgment among all prison staff was also denied, as it lacked sufficient legal and evidential support.
The application was dismissed in its entirety, although no costs were awarded, as the inmates were legally represented.
Serving 183 years
Haradoeb was sentenced to 35 years in 2006 for murder and arson. With remission, he expected his sentence to reduce to 23 years and six months.
Shalimba received 36 years in 2009 for robbery with aggravating circumstances.
Venasi got 39 years in 2001 for multiple offences, including murder and robbery.
Tsamaseb was sentenced to 39 years in 2001 for robbery and housebreaking, while Kankondi received 35 years and five months in 2003 for murder, arson, and assault.
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Ambunda delivered the judgment when concluding the case where long-serving five inmates challenged the Namibia Correctional Service (NCS), claiming presidential remissions entitled them to earlier parole.
Ambunda ruled that such power would erode judicial independence.
The five inmates are Rachimo Haradoeb (54), Veikko Shalimba (46), Anton Venasi (57), David Tsamaseb (49), and Simon Josef Kankondi (46).
Ambunda said while the President may grant remission as a goodwill gesture, it does not alter the original sentence imposed by the courts, nor does it accelerate eligibility for parole.
Previous ruling
The five inmates, serving long-term or life sentences, referenced a September 2023 ruling by Deputy Judge President Hosea Angula, which stated they were eligible for remission upon recommendation by the National Release Board.
They explained that this supported their claim for full one-third remission.
However, the court found no clear directive mandating remission be calculated in a fixed way nor any legal justification for their interpretation.
An additional request by the inmates for a court order directing correctional officials to grant them full remission credits and to circulate the judgment among all prison staff was also denied, as it lacked sufficient legal and evidential support.
The application was dismissed in its entirety, although no costs were awarded, as the inmates were legally represented.
Serving 183 years
Haradoeb was sentenced to 35 years in 2006 for murder and arson. With remission, he expected his sentence to reduce to 23 years and six months.
Shalimba received 36 years in 2009 for robbery with aggravating circumstances.
Venasi got 39 years in 2001 for multiple offences, including murder and robbery.
Tsamaseb was sentenced to 39 years in 2001 for robbery and housebreaking, while Kankondi received 35 years and five months in 2003 for murder, arson, and assault.
[email protected]
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