Bail laws must be fair

There has been a great deal of discussion and debate regarding the country's justice system, especially when it comes to high-profile cases, which are in most cases drawn-out. The recent debate has been on whether Namibians with little money and influence are being failed by the country's justice system when compared to foreign suspects and the well-connected elite. We have had cases of less privileged Namibians, implicated in what can only be considered as less serious crimes, struggling to obtain bail and as a result remanded in custody for longer periods waiting for their cases to be heard. We are pointing it out from the onset that it is not our intention to criticise and question the work of the judiciary and its presiding officers. As an independent organ of the government, the judiciary plays an important role as the guardian of the constitution of the republic. No democracy can efficiently function without the judiciary. However, some decisions decided in Namibian courts invite critical scrutiny, especially when it comes to the bail laws of our country. Commentators have pointed out that there are plenty of risks in our bail laws which urgently need to be addressed. With specific emphasis on the N$3.5 billion tax evasion, fraud and money-laundering case before the Windhoek Magistrate's Court, experts are convinced that the suspects are getting it easy when it comes to bail conditions. It is true that the courts have a duty to obey the principle of presumption of innocence of the accused person at least until proven guilty, as well as the view that bail should not be viewed as part of the suspect's punishment. However, we feel that there are marked inconsistencies impacting the fair administration of bail measures, including fears that key suspects are likely to abscond without a trace because of soft bail conditions. The public must have confidence in the administration of justice and this should be complemented by fair and consistent decisions all the time. It is up to the courts to impose stringent conditions for bail when there is justification for it. We are not asking for bail laws that undermine fundamental human rights, all we want is fairness.