By: Julia Heita
The lawyers representing the NEFF member Michael Amushelo and activist Dimbulukeni Nauyoma say that they will appeal magistrate Masule Kwizi’s dismissal of the bail application in the High Court.
Kadhila Amoomo, who represents Nauyoma and Nambili Mhata (Amushelo), said that the judicial process provides avenues if one is not happy with the judgment, such as to appeal.
“It is clear as daylight that the magistrate committed a number of irregularities in law and fact which materially influenced the court’s decision to refuse bail. Accordingly, an appeal will be submitted on behalf of Dimbu and Amushe. We urge everyone to exercise restraint and keep the faith in our judiciary,” said Amoomo.
“It is not the thing of, you are not happy with the ruling than you do what you want, the rule of law must be respected.”
He said he has picked up so many points that give reasons to appeal, which will not take long for them.
Amoomo told The Villager they are absolutely sure that they will be submitting an appeal immediately before the expiration of 14 days.
“Remember that when bail is refused, an accused has 14 days within which to lodge an appeal, and it is not an issue of chances,” he said.
He also said they are confident because they received the refusal of bail for their clients with a sense of certainty and a sense of sharpness.
“We are confident that we will be able to demonstrate at a higher court that our clients are good candidates for bail.’
Magistrate Kwizi dismissed Amushelo and Nauyoma’s bail application at the Katutura magistrate court on Tuesday. They are remanded in custody pending their trial on 5 July 2022.
Amushelelo was arrested on 12 May after handing himself over, while Nauyoma was arrested on 13 May.
Nauyoma and Amushelelo were arrested in connection with the shutting down of China Town last week, following the Namibia Revenue Agency’s (Namra) decision to burn N$ 5 million worth of counterfeit goods.
According to Kwizi, the court believes that the state has a strong case.
“Having considered the applicants’ evidence, been a denial of guilty, against the apparent strength of the state’s case it would mean that there is prima facie proof that the applicants are implicated in the commission of the offences they are charged with, there appears to be a likelihood that the state will succeed in proving its case,’ he said.
He said that public violence is an offence that falls under Part IV Schedule 2 offences of the CPA, Act No. 51 of 1977 as amended.
“Also of note and very important is the court’s considered view that the two applicants are alleged to have committed these offences whilst both of them were each out on bail on other charges. Hence I have come to a finding that there is a possibility that if released, they may commit further offences.”
Kwizi said that he has considered the possibility of admitting the two applicants to bail subject to stringent conditions, however, given the risk that they may continue to commit further offences, he found “no appropriate conditions that would curtail and sufficiently allay the state’s fear in that respect.”
Amushelelo is charged with counts of public violence, incitement to commit an offence and assault by threat after he allegedly went to the China Town shopping complex in Windhoek’s Northern Industrial Area on Wednesday, 11 May, after ordering Chinese-owned shops to close.
His Co-accused Nauyoma was arrested and charged with public violence and incitement to commit an offence after allegedly leading a demonstration outside the China Town shopping complex on Friday, 13 May, after Amushelelo handed himself over to the police at Windhoek Central Police Station.
The two were arrested alongside six other people, including NEFF leader Epafras Mukwiilongo.
Following the two’s bail refusal, a group of demonstrators dressed in AR and NEFF regalia refused to leave the court premises, stating that they would not leave without their “brothers”.
The crowd later moved to China Town in Windhoek’s northern industrial area for a demonstration and a closure of the Chinese shops. Some of the demonstrators set up tents on the road in front of the shopping complex, stating that they would only move on 5 July when Amushelelo, Dimbulukweni and six others are set to appear in court for their trial.
