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IN a democratic state like Namibia, individuals should not take the law into their own hands, as that is likely to promote lawlessness, a judge reminded Affirmative Repositioning movement activist Dimbulukeni Nauyoma and Namibian Economic Freedom Fighters member Michael Amushelelo in the Windhoek High Court yesterday.
Judge Christie Liebenberg gave that reminder to Nauyoma and Amushelelo in a judgement in which he and judge Dinnah Usiku granted them bail in an amount of N$5 000 each, signalling the end of a period of more than three months that they have been held in custody.
The judges granted bail to Nauyoma (30) and Amushelelo (31) on condition that they may not mobilise any unlawful public gathering or involve themselves in it after their release from custody.
They are also prohibited from going closer than one kilometre to the China Town shopping complex in Windhoek, where Amushelelo staged a live-streamed protest against Chinese-owned shops on 12 May.
Amushelelo was arrested on 13 May.
The police arrested Nauyoma on the same day, after he had led a public demonstration at the China Town shopping complex against the arrest of Amushelelo.
They are both charged with counts of public violence and incitement to commit an offence.
Amushelelo is charged with a count of assault by threat as well.
The two men appealed to the High Court after they were denied bail in a ruling delivered in the Windhoek Magistrate’s Court in Katutura on 24 May.
In the court’s appeal judgement, Liebenberg concluded that the interest of the administration of justice does not require the continued detention of Nauyoma and Amushelelo.
Concerns that the men’s release would be prejudicial to the maintenance of law and order or the public interest could be countered by appropriate bail conditions, Liebenberg said.
He said according to a police officer who testified during the bail hearing in May, a video recording of Amushelelo’s protest showed him telling Chinese people at the shopping complex that if they did not close their shops it would be set on fire and he would tell people to loot the shops.
Amushelelo further made a threat that the Chinese shopkeepers at China Town would burn with their shops, the judge continued.
He said Nauyoma was arrested after he disregarded a police order for protesters to disperse, and encouraged other protesters to also disobey the order.
During their bail hearing, Amushelelo’s demeanour while he was questioned by a prosecutor “smacked of arrogance” and his answers “too often were sarcastic and clearly intended to insult the person of the prosecutor”, Liebenberg said.
“Such behaviour by a witness when giving evidence is unnecessary, unacceptable and must be discouraged in the strongest terms,” he said.
The judge added that, except for Amushelelo and Nauyoma getting themselves arrested, nothing came of the threats made against shopkeepers at China Town.
Noting that six other people arrested on 13 May were released on warning by the police on the same day, Liebenberg said the magistrate who turned down the two men’s application for bail should have made a further enquiry into the reasons for the differentiation in the treatment of Nauyoma and Amushelelo and their six co-accused.
Before concluding his judgement, Liebenberg said: “In a democratic state as ours, the executive authorities oversee and uphold the rule of law, and it is not for individuals to take the law into their own hands.
“Such conduct is likely to promote lawlessness and must be condemned in the strongest of terms.”
Amushelelo and Nauyoma were represented by defence lawyers Nambili Mhata and Kadhila Amoomo, respectively.
The state was represented by Basson Lilungwe during the hearing of the bail appeal.
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