Namibia: When some people are more equal than others

The Namibian Police and or the Office of Prosecutor General as well as the Lower Criminal Division of the Namibian Judiciary are making themselves vulnerable to charges of discrimination and political bias, owing to the inconsistency with which they are handling certain criminal cases. In cases where Swapo Party activists are the complainants, the accused are being treated as if they have already been found guilty and or the police investigations are pursued with urgency, while stringent bail conditions are imposed on the accused, if at all.

However, in cases where ordinary citizens are the complainants and or where members of the ruling Swapo Party are the accused, Police investigations are taking much longer while the accused are treated in accordance with especially the provisions of Article 12 (1) (d) of the Constitution, which require accused persons to be presumed innocent until proven guilty in accordance with the law. In some cases no steps are taken against the accused. Consider the following incidents:

1. Teofelus Sheelongo

On January 6 2010, Oshivelo Police arrested Teofelus Sheelongo (32) for allegedly having “threatened to ambush and kill” Oshikoto Governor Penda ya Ndakolo. Sheelongo, who is an unemployed and unschooled former communal farm worker, is a resident of Omutsegwombahe village. The village is adjacent to Omutsegwonime village where Governor ya Ndakolo owns a shebeen, in the Omuthiya Constituency of the Oshikoto Region. The two villages are located some 40 kilometers west of the Oshivelo Veterinary Checkpoint.

During the just-ended controversial National Assembly and Presidential elections in 2009, Sheelongo, a member of the Rally for Democracy and Progress (RDP), was a party agent for RDP. During his arrest or during initial police investigations, some of the Police officers allegedly asked Sheelongo: “Why do you, an RDP member, go to the shebeen of a Swapo Party member?”

Sheelongo appeared in the Tsumeb Magistrate’s Court on January 7 2010 and was denied bond. He is scheduled to re-appear before the same court on February 2 2010. In the meantime, he is remanded in Police custody at Oshivelo Police precinct. Governor ya Ndakolo is allegedly the complainant while Sheelongo is the accused in the incident.

In contrast to the above case, consider the following incidents in which SWAPO Party members are the accused and or non-SWAPO Party members are the complainants:

2. Ndilimeke Haame

During November 2009, three male Swapo Party members allegedly assaulted Ms. Ndilimeke Haame (20), an RDP member then residing at Oshikango border post in the Ohangwena Region.

Ms. Haame (see attached color picture) told human rights investigators that, before they assaulted her by cutting her on a wrist, the said Swapo Party members objected to her playing RDP CDs on her CD player in her home. As a result, they accused her of being “poor” and questioned as to why she joined RDP. Haame laid a criminal charge (Ohangwena CR 169/11/09) against her assailants and all three were allegedly arrested by Ohangwena Police on the same day. However, although one of them threatened to kill her for reporting them to the Police, all the accused were set free the following day. In order to protect her life, Haame was compelled to relocate to Oikokola village, some 100 kilometers west of the town of Eenhana. Both the town and the village are situated in the Ohangwena Region.

2. Placido Hilukilua

Mr. Placido Hilukilua (47), a senior Oshakati-based journalist in the employ of Republikein newspaper, has been receiving numerous death threats from a former colleague since November 2009. Although he laid a criminal charge (Oshakati CR 139/12/2009) against the accused on December 9 2009, no arrest has been made. During the Christmas Holiday, NSHR executive director Phil ya Nangoloh, alarmed by the apparent Police negligence or indifference, contacted the Inspector General of the Namibian Police who promised to ensure that the accused has been brought to book. No arrest has so far been made.

3. Sakaria Iyambo

On October 2 2009 an alleged Swapo Party member allegedly stabbed RDP activist Sakaria Iyambo (26) twice with a knife. The incident occurred at the Ondobe cuca shop at Akoonde no.1 village on October 2 2009 at approximately 20h00. The village is situated some 20 kilometers northeast of Omuthiya town, in the Oshikoto Region. Iyambo told human rights investigators that the male Swapo Party activist “had stabbed me twice in the right cheek over my RDP T-shirt, which I wore at the time of the incident”. The accused, who is well known at the village, is still al large.

Iyambo was subsequently admitted at the Onandjokwe Lutheran Hospital for medical treatment and he had undergone a mild operation. The incident had been reported to Omuthiya Police precinct for investigation.

4. Phil ya Nangoloh

On May 30 2008, Swapo Party Youth Secretary for Rundu Urban Constituency, one Vensel Mavara, allegedly stated, in the presence of a disturbed female human rights defender, that NSHR executive director Phil ya Nangoloh was “the most wanted person in the country. The day I see him, I will kill him”. Mavara is said to be a close friend of SPYL Secretary Elijah Ngurare, who has also in the past made similar threats against ya Nangoloh. Mavara is said to be a resident of Mabushe village, some 60 kilometers east of Rundu. A criminal charge of “assault by threatening” (Rundu CR 19/06/2008) has been laid against Mavara with the Police. However, no arrest of the accused has so far been made by the
Police.

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