Africa-Press – Namibia. HIGH Court Judge Hannelie Prinsloo has granted a final interdict restraining political activist Michael Amushelelo, his newly formed union, the National Union of Retail Industry Workers of Namibia, the political party Namibia Economic Freedom Fighters, and their supporters from engaging in any unlawful conduct at any of the premises of Namib Mills (Pty) Ltd situated in different parts of the country.
“The first respondent (Amushelelo), in his emotive address to the court, declared himself a social activist committed to protecting the rights of the vulnerable and repressed. However, it is unclear in what capacity he approached the applicant (Namib Mills) – as a social activist or a union representative. If it was as a union representative, then the question arises: on what basis does he represent the employees of the applicant or those of APS, for that matter, if the second respondent (the National Union of Retail Industry Workers of Namibia) has no standing as a registered union? Acting in his capacity as a social activist, he trespassed on private property, which is a criminal offence,” Judge Prinsloo wrote in her judgment.
The judgment comes at a time when the social activist continues to approach different businesses based on alleged transgressions against their employees and demands for redress.
Giving a background on the matter, Justice Prinsloo explained that Namib Mills and Amushelelo have had a series of prior confrontations dating back to 2022. The judge summarized that Amushelelo entered the premises of Namib Mills on 25 April 2022, blocked the main entrance of the premises with his motor vehicle, and the police had to be called to remove him.
On 1 March 2024, Amushelelo again visited Namib Mills to address the grievances of Tuyeni Paulus, who is an employee of Namib Mills. He also wanted to discuss ongoing disciplinary proceedings against several other Namib Mills employees. The judge added that Amushelelo left Namib Mills’ principal place of business and proceeded to Namib Mills’ depot situated at Ruhr Street, Windhoek. He was requested to vacate the premises and engage Namib Mills through correspondence.
On 11 March 2024, Amushelelo again blocked the entrance of Namib Mills’ Ruhr Street depot with his motor vehicle and refused to move his vehicle. As a result of the motor vehicle causing a barricade, no other vehicle could enter or exit the premises. Amushelelo threatened to shut down the applicant’s operations and published inciting posts on Facebook. Namib Mills stated that it could suffer losses of N$3.7 million per day if the first respondent and the rest of the respondents succeeded in their threats.
In the ruling, Justice Prinsloo noted that Namib Mills obtained an interim interdict against the respondents on 2 April 2024. “Only the first respondent (Amushelelo) filed an answering affidavit in opposition to the confirmation of the rule nisi. The first respondent opposed the application on the basis that it would violate his fundamental rights to freedom of speech and expression, and confirmation of the rule nisi would constitute a gag order,” the judge said.
However, in her judgment, Prinsloo stated that Namib Mills has satisfied the requirements of a final interdict and that it appears to be the only viable remedy available to the applicant. Justice Prinsloo further added that the court held that a final interdict would not be a ‘gag order’ to Amushelelo and his cause but would protect the interests of Namib Mills and oblige Amushelelo to operate within the confines of the law.
The judge stated that the court held that freedom of speech is the cornerstone of our society, but when freedom of speech conflicts with other fundamental rights and perpetuates unlawful or criminal conduct, it would be in violation of Namibia’s Constitution.
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