By: Michael Saddam Amushelelo
Unity, Liberty, and Justice. These are the principles inscribed on the Coat of Arms of our beloved Namibia.
As a “born-free” child, I was taught our National Anthem and the colors of our flag, but I don’t recall ever being taught about these three fundamental principles.
Recently, during my time in prison, I found myself reflecting on the state of affairs in Namibia.
I couldn’t fathom that such treatment could be considered normal in our nation.
Let me provide some context regarding what transpired on March 21, 2023.
That fateful morning, the High Court ruled that our matter was not urgent and, as a result, denied the order we had sought.
As responsible leaders, we went to Katutura Youth Complex to inform the people who had gathered for the High Unemployment Protest that we could not proceed with the protest that day.
We did so peacefully, and the crowd dispersed peacefully as well. We got into a vehicle and drove off, but we were followed by the police and stopped.
However, we were later arrested and detained, facing allegations of bogus contraventions of the Public Gathering Proclamations and the Riotous Assemblies Act of 1956.
Of course, leading into this incident, I had been very vocal regarding the accident which involved Joseph Shikongo the Inspector – General of the Namibian Police in which three young people died.
That is why I believe my treatment during my seven-month-and-fifteen-day detention, including time in solitary confinement, and the subsequent prosecution were not in line with the principles of unity, liberty, and justice that our nation stands for.
To have charged us with alleged bogus contraventions of the law, to have detained and then denied me bail for over seven months and 15 days (including solitary confinement), to have prosecuted us for what is now undoubtedly nothing but abuse of power, is wrong for a country which boasts of being founded upon principles of unity, liberty and justice.
I firmly believe that my arrest was politically motivated, especially considering my vocal stance on the accident involving Joseph Shikongo, the Inspector-General of the Namibian Police, in which three young lives were lost.
I am the only Namibian on record who publicly called for his arrest and prosecution, and I even took the step of having a lawyer write a letter to the President, urging Joseph Shikongo’s suspension for an independent investigation.
My experience serves as an example of something deeply broken in our country. The justice system appears to be failing us.
Recently, the City Police officer Fabian Amukwelele was also acquitted. Luckily he only spent a month in detention.
Does anyone recall the case of Stephanus, a fellow accused in an armed robbery who had been represented by Milton Engelbrecht?
He spent 10 years in prison before being discharged because the State, when it eventually started its case, could not make out a case against him! After 10 years!
Was anyone held accountable? No. Instead Olivia Martha Imalwa, Prosecutor General was reappointed.
It is disheartening to see individuals being prosecuted and detained for extended periods, seemingly at the discretion of the Prosecutor General and with the courts’ support.
This raises significant concerns about the principles of liberty and justice that our nation upholds.
It is essential to recognise that my criticism of the judiciary is not an attack but a call for reflection and improvement.
Are they above criticism? Transparency and accountability are crucial. I will continue to seek justice through legal means, and I firmly believe that the evidence against me was unlawfully obtained, as Judge Rakow has already found.
As we ponder our values as a nation, we must address these concerns. Unity, liberty, and justice are at the core of our identity.
However, we cannot overlook the challenges and potential systemic flaws within our justice system.
Our system appears to be malfunctioning because those in positions of authority are not administering justice as they should.
Liberty is no longer guaranteed, as it can be taken away unjustly.
My personal experience is a testament to this, and we must remain vigilant to prevent such abuses of power in the future.
Our nation is at a crossroads, and we must reaffirm our commitment to unity, liberty, and justice. These principles are not mere words but the foundation upon which our democracy rests. We must remind those in positions of power that they are public servants, not lords, and we, the people, are sovereign.
In the words of Bryan Stevenson, “our system’s disturbing indifference to inaccurate or unreliable verdicts, our comfort with bias, and our tolerance of unfair prosecutions and convictions lead to an absence of compassion and can corrupt the decency of a community.”
As we navigate the complexities of our justice system, let us remember the wise words of Margaret Chase Smith, “The right way is not always the popular and easy way. Standing for right when it is unpopular is a true test of moral character.”
Michael Saddam Amushelelo is a social activist and politician.
The views expressed in this article do not necessarily reflect those of The Villager editorial board or its owners.
