The high stakes of misjudged bail decisions

From King Henry II’s reforms to the streets of Windhoek, the principle of bail is meant to protect the innocent – but, in the case of Elias ‘Small Boy’ Haifete, it appears to have become, according to the serious charges he is currently facing, a troubling lesson of misjudged justice.The idea of bail – deciding whether someone accused of a crime should wait for trial while in custody or at home – took shape in 12th-century England under King Henry II. Before then, justice was a local affair in which sheriffs or lords detained or released suspects as they pleased, often in exchange for favours or bribes.Henry II saw how these officials abused the system, granting freedom to the wealthy while the poor languished in cells, and he sought to restore fairness and order.To do so, he issued the Assize of Clarendon (1166), which laid down early rules for criminal procedure, and later the Assize of Northampton (1176), which went further by listing crimes that could or could not qualify for release before trial.These reforms curbed corruption and introduced the key distinction between bailable and non-bailable offences – a principle meant to balance fairness with safety. Minor or less violent crimes were bailable, allowing an accused person to be freed if someone guaranteed their return to court.Serious crimes such as murder, robbery or arson were non-bailable, keeping suspects in custody because they posed a danger or flight risk.That logic still shapes modern justice systems, including Namibia’s, where courts must weigh public safety, the risk of reoffending or not standing trial and the seriousness of the charge before granting bail.Potential trouble Elias ‘Small Boy’ Haifete reportedly walked free after being granted N$15 000 bail in December 2024.Following his release – intended to allow him to stand trial as a free man – he has since been linked by police to an alleged series of violent crimes post-bail.Police and community members allege that Haifete used his freedom to wage a campaign of terror across Windhoek – a series of incidents that, to many, now serve as a chilling reminder of what can potentially happen when the justice system opens its gates too soon and society pays the price. Haifete’s name quickly became synonymous with fear. He was linked by police to armed robberies across the capital – from Namcor service stations in Soweto and Khomasdal to a cash-in-transit heist at the Choppies supermarket in Katutura and another at the Total Service Station in Lafrenz.Police say the robberies were carried out by a coordinated criminal gang, often targeting businesses late at night or during cash collections.Haifete reportedly did not act alone.He is alleged to have operated with several individuals – Amon Henghali, Lukas ‘Big Show’ Simon, Pinehas Induwa and Lotto Haindongo – all names familiar to detectives investigating violent crime in the capital.As the gang’s alleged operations grew bolder, their violence reportedly escalated. They struck with military precision, vanishing before police could respond. But as their confidence rose, so did their carelessness.By July 2025, an intelligence-led police operation in Windhoek’s Lafrenz Industrial and Monte Christo areas brought the group down in a series of raids.Murder suspect What the public did not yet know was that, before his arrest, Haifete had allegedly already claimed an innocent life, according to police investigations. On the night of 22 July 2025, he reportedly crossed paths with 39-year-old Fiina Nghifikwa, a woman looking for a room to rent.Police said that under the pretence of showing her a property on Kigali Street in Wanaheda, he allegedly lured her into a trap. There, he reportedly robbed Nghifikwa and another woman at gunpoint.During the attack, police claim he shot Fiina, who was rushed to the Katutura/Black Chain Clinic, where she was pronounced dead on arrival. Another round of bailWhen Haifete appeared before the Katutura Magistrate’s Court, Fiina’s family stood outside carrying placards demanding justice.Inside, prosecutors confirmed that investigations into her murder were still incomplete and asked that the case be postponed to 26 February 2026.That announcement left many in disbelief. What more is there to investigate? Police had already linked Haifete to a chain of alleged violent robberies, recovered weapons and gathered eyewitness accounts. How long does it take to build a case when police say their investigation had uncovered a trail allegedly perpetrated by the accused that is reportedly marked by evidence and blood?The longer these investigations drag on, the weaker the case becomes. Witnesses lose interest or disappear, evidence fades, and public anger cools into frustration.By next year, Haifete could be standing before the same court applying for another round of bail and potentially regaining his freedom. Police are concerned this could lead to further mayhem in a city they say is already scarred by his alleged violence.Haifete and his co-accused are currently remanded in custody, facing multiple counts of murder, robbery and possession of firearms without a licence.On the issue of bail, even former South African police minister Bheki Cele has voiced his frustration on the ongoing Madlanga Commission, rebuking the courts for granting bail to what he called “repeat killers and serial robbers”.He argued that such leniency turns police work into a revolving door – officers risk their lives to arrest hardened criminals, only to see them walk out of court the next morning, guns and bravado intact.

The high stakes of misjudged bail decisions

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Namibian Sun 2026-02-03

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The high stakes of misjudged bail decisions

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Namibian Sun 2026-02-03

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