Remove soldiers
The ombudsman says it is clear that many in the military are not competently trained on the correct and safe use of lethal force.
In the wake of the second killing of an unarmed civilian, ombudsman John Walters has called for the temporary removal of soldiers from Operation Kalahari Desert, so they can receive expert training.
He said this will ensure they can be safely deployment among civilians.
“Take them off the streets and let experienced and competent persons outside the police force provide them with expert training,” advocate Walters said.
He added it is necessary to “consider whether it is indeed necessary to arm our forces with such lethal weapons”.
He stressed that although joint anti-crime operations are crucial to reduce high levels of crime, it is clear that many in the military are not competently trained on the correct and safe use of lethal force.
Under the Police Act, armed officers may use lethal force under strict and limited conditions.
Critics say it is worrying and questionable whether the killing of Benisius Kalola (32) this month, or that of Zimbabwean taxi driver Talent Fambaune (22) in June, took place under these limited conditions.
In both cases, the implicated soldiers remain in custody on charges of murder.
Walters said in both cases, it was more than likely the soldiers “were not properly trained in when to use lethal force”- an issue many critics have repeatedly warned is a major concern in terms of Operation Kalahari Desert.
Walters praised efforts to curb the high crime rate, but warned that no one is “above criticism”.
“And we must deal with criticism if that criticism is correct and change our behaviour or act correctly.”
He underlined that it's not only an issue of training soldiers, but also that citizens should cooperate and respect the police and soldiers in the difficult work they do.
“It goes both ways. It's a two-way street.”
Unarmed blamed
Legal experts further agreed that Kalola, who was fleeing from soldiers and police after he recorded footage of a house search, had not committed an offence, as claimed by defence minister Penda Ya Ndakolo last week.
“The minister was ill-advised in that regard,” Walters said.
Namibia's Defence Act 1 of 2002 only prohibits people from photographing or filming military installations, including barracks or other premises, but not military personnel.
Walters added that while the law does not prohibit taking footage of military personnel or the police, the public has also never been warned not to capture activities undertaken during Operation Kalahari Desert or its predecessor, Operation Hornkranz.
“If you start with such a public operation, you should clearly spell out and inform the general public of the do's and don'ts. Nobody warned the general public that (recording soldiers and the police) should not happen.”
In a parliamentary statement last week, Ya Ndakolo said this type of footage could be used to take “revenge” on soldiers and police officers involved in anti-crime operations.
While he didn't clearly specify why Kalola would take revenge against soldiers or the police, the minister said Kalola, at the time of his death, was facing two criminal charges related to robbery.
He said this showed “what kind of a person” the deceased was.
He added that while the ministry has no “deliberate policy” to shoot and kill unarmed civilians, “some rotten eggs are contributing to these incidents”, by, among other things, fleeing from the police and soldiers.
He urged the public to “obey” soldiers and the police, and said they may not take videos of anti-crime operations.
Toni Hancox, the director of the Legal Assistance Centre (LAC), said the minister's statement seemed to be an attempt to justify the killing of an unarmed civilian.
“Think of the message that sends. So, if you have a charge laid against you, then you deserve to be shot?”
She added that Namibia's highest laws guarantee a person is innocent until proven guilty in a court of law.
Hancox said it is “irrelevant” whether Kalola was facing criminal charges, and that no one knew this at the time of the shooting.
“The only reason for shooting someone is if the shooter or anyone else's lives are in imminent danger. Whose life was in imminent danger when this person was running away?”
Walters warned that “you can only label a person a criminal once they are convicted.
“Do not label a person when they don't deserve it.”
Ya Ndakolo also took aim at Operation Kalahari Desert's public critics, deriding them for “sensationalising the incidents and using them to mislead and inflate the feelings of the public”.
Walters said it is the “right of every citizen to criticise wrongdoings and praise good things”.
JANA-MARI SMITH
He said this will ensure they can be safely deployment among civilians.
“Take them off the streets and let experienced and competent persons outside the police force provide them with expert training,” advocate Walters said.
He added it is necessary to “consider whether it is indeed necessary to arm our forces with such lethal weapons”.
He stressed that although joint anti-crime operations are crucial to reduce high levels of crime, it is clear that many in the military are not competently trained on the correct and safe use of lethal force.
Under the Police Act, armed officers may use lethal force under strict and limited conditions.
Critics say it is worrying and questionable whether the killing of Benisius Kalola (32) this month, or that of Zimbabwean taxi driver Talent Fambaune (22) in June, took place under these limited conditions.
In both cases, the implicated soldiers remain in custody on charges of murder.
Walters said in both cases, it was more than likely the soldiers “were not properly trained in when to use lethal force”- an issue many critics have repeatedly warned is a major concern in terms of Operation Kalahari Desert.
Walters praised efforts to curb the high crime rate, but warned that no one is “above criticism”.
“And we must deal with criticism if that criticism is correct and change our behaviour or act correctly.”
He underlined that it's not only an issue of training soldiers, but also that citizens should cooperate and respect the police and soldiers in the difficult work they do.
“It goes both ways. It's a two-way street.”
Unarmed blamed
Legal experts further agreed that Kalola, who was fleeing from soldiers and police after he recorded footage of a house search, had not committed an offence, as claimed by defence minister Penda Ya Ndakolo last week.
“The minister was ill-advised in that regard,” Walters said.
Namibia's Defence Act 1 of 2002 only prohibits people from photographing or filming military installations, including barracks or other premises, but not military personnel.
Walters added that while the law does not prohibit taking footage of military personnel or the police, the public has also never been warned not to capture activities undertaken during Operation Kalahari Desert or its predecessor, Operation Hornkranz.
“If you start with such a public operation, you should clearly spell out and inform the general public of the do's and don'ts. Nobody warned the general public that (recording soldiers and the police) should not happen.”
In a parliamentary statement last week, Ya Ndakolo said this type of footage could be used to take “revenge” on soldiers and police officers involved in anti-crime operations.
While he didn't clearly specify why Kalola would take revenge against soldiers or the police, the minister said Kalola, at the time of his death, was facing two criminal charges related to robbery.
He said this showed “what kind of a person” the deceased was.
He added that while the ministry has no “deliberate policy” to shoot and kill unarmed civilians, “some rotten eggs are contributing to these incidents”, by, among other things, fleeing from the police and soldiers.
He urged the public to “obey” soldiers and the police, and said they may not take videos of anti-crime operations.
Toni Hancox, the director of the Legal Assistance Centre (LAC), said the minister's statement seemed to be an attempt to justify the killing of an unarmed civilian.
“Think of the message that sends. So, if you have a charge laid against you, then you deserve to be shot?”
She added that Namibia's highest laws guarantee a person is innocent until proven guilty in a court of law.
Hancox said it is “irrelevant” whether Kalola was facing criminal charges, and that no one knew this at the time of the shooting.
“The only reason for shooting someone is if the shooter or anyone else's lives are in imminent danger. Whose life was in imminent danger when this person was running away?”
Walters warned that “you can only label a person a criminal once they are convicted.
“Do not label a person when they don't deserve it.”
Ya Ndakolo also took aim at Operation Kalahari Desert's public critics, deriding them for “sensationalising the incidents and using them to mislead and inflate the feelings of the public”.
Walters said it is the “right of every citizen to criticise wrongdoings and praise good things”.
JANA-MARI SMITH
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