Africa-Press – Namibia. OSHAKATI-based police officer Gerhard Tshimweetheleni, who was discharged from the police force last year for criticising his employers on an Eagle FM talk show, this week approached the Windhoek High Court to contest his expulsion.
Tshimweetheleni allegedly castigated the force for fining ordinary people when they violate Covid-19 regulations, while the political elite flagrantly breach Covid-19 regulations, without repercussions.
He was referring to Swapo’s 60th birthday celebration, where Covid-19 regulations were not adhered to. The event was attended by former president Hifikepunye Pohamba, president Hage Geingob, Swapo secretary general Sophia Shaningwa and vice president Netumbo Nandi-Ndaitwah.
The celebrations were recorded and broadcast on the Namibian Broadcasting Corporation’s television and radio stations. Tshimweetheleni served as a constable in the Namibian Police’s special field force from 1 July 2014 until he was discharged at the end of November last year.
He was charged for violating regulation 15 of the Police Act of 1990, which states that members of the police are guilty of misconduct if he or she caused embarrassment to the force. He appealed his expulsion from the police to the home affairs minister Albert Kawana, but his appeal was rejected.
Tshimweetheleni maintains that he did not introduce himself as a police officer, neither was he speaking on behalf of the police. He says he simply expressed his opinion as a member of the public. Furthermore, he asserts that what he said on radio was truthful.
To substantiate his allegations, Tshimweetheleni said members of the Affirmative Repositioning movement were arrested after they were found erecting a makeshift home for a woman whose house was demolished by City of Windhoek officials.
He also said that in 2020, police officers arrested a bride at her own wedding because the people in attendance exceeded the number of persons permitted in terms of the Covid-19 regulations at that time.
“I further made the comment on Eagle FM in the exercise of my constitutional right to freedom of speech and expression, as required in article 22 (1) (a) of the Namibian Constitution. Being a member of the Namibian Police did not suspend or take away my rights to speak on matters that concern me and the broader public,” he said.
Tshimweetheleni said the incident was embarrassing for the Namibian Police and its leadership because they did not take immediate action against the culprits for violating the Covid-19 regulations.
“Exposing the Namibian Police’s inaction is not what caused the embarrassment, but the inaction itself. The Namibian Police’s name is not brought into disrepute because its faults are pointed out, but rather by itself for not acting when the circumstances require it to act,” he added.
In court papers, Tshimweetheleni said he would like the court to review and set aside the decision of the inspector general of the Namibian Police, Sebastian Ndeitunga, and minister Kawana, convicting him of violating the Police Act of 1990 and discharging him from the police force.
He is also asking the court to declare his discharge unconstitutional, invalid and of no force or effect. Lawyer Norman Tjombe is representing Tshimweetheleni in the matter.
Kawana told The Namibian last month that before a police officer is discharged, they appear before a board of inquiry, which makes recommendations. When a member appeals against these recommendations, the minister studies the board of inquiry’s file.
“If he is satisfied, the minister says he stands by the decision of the inspector general to discharge,” Kawana said.
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