Prosecutors ‘pushed by higher authority’ to oppose China Town activists’ bail
Lawyer Kadhila Amoomo, representing some of the persons charged with threatening to shut down China Town, yesterday told the court that state prosecutors have informed him that they were ordered by ‘higher authorities’ to oppose bail in the matter.
The state is represented by Arie Husselman.
Amoomo said during his consultation with the state lawyers regarding bail for his clients, they informed him that they were under instruction from ‘higher authorities’ to oppose bail.
It was not revealed in court who such authorities were and whether they were allowed to instruct prosecutors or were interfering in the judiciary’s work.
Yesterday, hordes of protesters thronged the Katutura Magistrate’s Court for the appearance of the eight people detained for their role in a plot to shut down the China Town shopping complex last week.
Members of the Namibian police cordoned off the street in front of the court building as protesters took over the area, holding signs and large banners calling for the release of Affirmative Repositioning movement activist Dimbulukeni Nauyoma and Namibia Economic Freedom Fighters (NEFF) economic commissar Michael Amushelelo.
The other accused persons are NEFF leader Epafras Mukwiilongo, Lawrence Mwatile, Emily Mununga, Annacky Amupanda, Risto Ithika and Julieta Amushelelo.
The tense atmosphere brought informal traders and the police into close range outside the building where the future of counterfeit goods in the country could be charted, depending on the outcome of the case.
A young woman, who asked to be quoted anonymously for privacy reasons, said “government is trying to sabotage the informal economy which is a source of living for thousands of Namibians”.
Fairness and equality
Nauyoma and Amushelelo threatened to shut down and burn down China Town following the seizure and destruction of counterfeit products worth N$5 million by the Namibia Revenue Agency (NamRA).
Amushelelo handed himself over to the police last Thursday while Nauyoma was arrested a day later. The duo spent the weekend in jail and the remaining six were released on a warning.
Some of the accused persons claim they were just onlookers while others say they were in the China Town vicinity on the day chaos broke out to do their shopping at the popular complex.
They all face charges of public violence and incitement to commit a public offence. Only Amushelelo faces an additional charge of assault by threat.
The group has Amoomo, Henry Shimutwikeni, Nambili Mhata and Samson Enkali as their legal team.
As the number of protesters built steadily throughout the day, some braving the sun from as early as 07:00 to late in the afternoon, the police presence also increased to curb any potential threats.
The legal team probed state prosecutors on why Nauyoma and Amushelelo are being kept in custody while the rest of the group was released on a warning, despite “all of them facing similar charges”.
“We want to know why our clients are being treated differently while facing the same charges. All we want from the court is fairness and equality,” Mhata said.
Differential treatment
While the State vehemently opposed bail for Amushelelo and Nauyoma when the accused persons made their first appearance, it could not explain the alleged “differential treatment” as alleged by the accused’s legal team.
The State alleged that the two might interfere with police investigations and that investigations are still at a preliminary stage.
The matter was postponed to 5 July and the two were remanded in custody.
Soon after making their first appearance, Amushelelo and Nauyoma walked to the other end of the court premises to appear for their formal bail application before magistrate Kwizi Masule in a different court room.
Masule adjourned the matter around 17:00 due to time constraints.
The bail application continues today.
The state is represented by Arie Husselman.
Amoomo said during his consultation with the state lawyers regarding bail for his clients, they informed him that they were under instruction from ‘higher authorities’ to oppose bail.
It was not revealed in court who such authorities were and whether they were allowed to instruct prosecutors or were interfering in the judiciary’s work.
Yesterday, hordes of protesters thronged the Katutura Magistrate’s Court for the appearance of the eight people detained for their role in a plot to shut down the China Town shopping complex last week.
Members of the Namibian police cordoned off the street in front of the court building as protesters took over the area, holding signs and large banners calling for the release of Affirmative Repositioning movement activist Dimbulukeni Nauyoma and Namibia Economic Freedom Fighters (NEFF) economic commissar Michael Amushelelo.
The other accused persons are NEFF leader Epafras Mukwiilongo, Lawrence Mwatile, Emily Mununga, Annacky Amupanda, Risto Ithika and Julieta Amushelelo.
The tense atmosphere brought informal traders and the police into close range outside the building where the future of counterfeit goods in the country could be charted, depending on the outcome of the case.
A young woman, who asked to be quoted anonymously for privacy reasons, said “government is trying to sabotage the informal economy which is a source of living for thousands of Namibians”.
Fairness and equality
Nauyoma and Amushelelo threatened to shut down and burn down China Town following the seizure and destruction of counterfeit products worth N$5 million by the Namibia Revenue Agency (NamRA).
Amushelelo handed himself over to the police last Thursday while Nauyoma was arrested a day later. The duo spent the weekend in jail and the remaining six were released on a warning.
Some of the accused persons claim they were just onlookers while others say they were in the China Town vicinity on the day chaos broke out to do their shopping at the popular complex.
They all face charges of public violence and incitement to commit a public offence. Only Amushelelo faces an additional charge of assault by threat.
The group has Amoomo, Henry Shimutwikeni, Nambili Mhata and Samson Enkali as their legal team.
As the number of protesters built steadily throughout the day, some braving the sun from as early as 07:00 to late in the afternoon, the police presence also increased to curb any potential threats.
The legal team probed state prosecutors on why Nauyoma and Amushelelo are being kept in custody while the rest of the group was released on a warning, despite “all of them facing similar charges”.
“We want to know why our clients are being treated differently while facing the same charges. All we want from the court is fairness and equality,” Mhata said.
Differential treatment
While the State vehemently opposed bail for Amushelelo and Nauyoma when the accused persons made their first appearance, it could not explain the alleged “differential treatment” as alleged by the accused’s legal team.
The State alleged that the two might interfere with police investigations and that investigations are still at a preliminary stage.
The matter was postponed to 5 July and the two were remanded in custody.
Soon after making their first appearance, Amushelelo and Nauyoma walked to the other end of the court premises to appear for their formal bail application before magistrate Kwizi Masule in a different court room.
Masule adjourned the matter around 17:00 due to time constraints.
The bail application continues today.
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