Africa-Press – Namibia. PROSECUTOR general Martha Imalwa says she never dealt with the docket on prosecuting Swapo bigwigs for breaking Covid regulations at the party’s 60th birthday celebrations in 2020, as the “offences were not serious”.
Instead, prosecuting the case was at the discretion of the prosecutor in the lower court.
Her comments come after last month’s sentencing of five Affirmative Repositioning (AR) activists to a fine of N$300 each or 10 days’ imprisonment for breaking Covid regulations of gatherings of more than 10 people on 8 April 2020.
The Swapo celebration, also attended by more than 10 politicians, happened in the same month.
The disparity in the way the cases were apparently treated has reignited perceptions that law enforcement treats ordinary citizens differently to political top dogs.
The AR activists who were sentenced in the Katutura Magistrate’s Court last month are Elifas Nghitomoka, Isdor Kamati, Sem David, Victor Erastus and Samuel Jusias.
Their only offence – gathering during Covid-19 to help a mentally challenged man rebuild his dilapidated corrugated zinc house at Goreangab on the outskirts of Windhoek.
They now have criminal records.
“I think the judgement did not really take into consideration what was happening [at the time of arrest],” one of the convicted activists, Kamati, told The Namibian yesterday .
He said the outcome of the court case was totally unfair and that the magistrate did not apply critical thinking to understand what the activists were doing.
At the Swapo celebration 11 days later, top politicians, including president Hage Geingob, vice president Nangolo Mbumba, prime minister Saara Kuugongelwa-Amadhila and Swapo secretary general Sophia Shaningwa, gathered to eat cake and dance.
In the same month, Popular Democratic Movement and the Landless People’s Movement opened separate criminal charges against senior members of Swapo.
Only Swapo executive director Austin Samupwa, who invited the guests, was slapped with a N$2 000 admission of guilt fine.
This is despite president Geingob at the time also admitting to have violated regulations set by his own administration.
“Although we were as little as 10 leaders… we were found not on the right side of the regulations and law. We had to admit guilt and we were punished, we paid.”
Imalwa yesterday told The Namibian the statements in the two dockets show that the charges are the same.
In the case of the AR members, she said they refused when asked by the City Police to disperse.
“They were arrested on the spot and taken to the police station. They were charged and issued a written notice to appear in court. On that notice, they were given a chance to pay an admission of guilt fee worth N$2 000 each and given a date to appear in court,” she said.
Imalwa added that is the process in terms of the Criminal Procedure Act.
“They opted to plead guilty and were fined N$300 or 10 days imprisonment. The sixth member failed to appear and a warrant of arrest has been issued for him,” she said.
For the Swapo case, Imalwa said, the matter was withdrawn after the party’s executive director Austin Samupwa paid an admission of guilt fee of N$2 000.
She said the matter does not fall under the prosecutor general’s decision because it is not serious.
It is a case which lies within the discretion of the prosecutor at the lower courts.
“The statements in the docket from those who attended the gathering, indicate that they went there on the invitation of the Swapo party. The invitation letter was signed Samupwa,” said Imalwa.
Imalwa said Samupwa’s actions cannot be passed onto others.
“After paying, a receipt was issued and put into the docket. The prosecution can’t go ahead with the case where the person has already admitted and paid for his guilt. The matter has to be withdrawn and that’s in line with our law and procedures,” she said.
PUNISHED
Meanwhile, Oshakati-based police officer Gerhard Tshimweetheleni was expelled from the police force in 2020 by police inspector general Sebastian Ndeitunga for labelling the Namibian Police discriminatory and preferential in the execution of their duties.
“It is clear that we have a compromised system. This demonstrates the hollowness of the systems, processes and institutions mantra,” AR leader Job Amupanda said yesterday.
“We are shocked, but not surprised. We are discussing the way forward despite the ugly turn of events,” he said.
Office of the Ombudsman spokesperson Aurelia David said the office could only establish whether Swapo political elites are treated differently by the police if they receive complaints from members of the public or political parties.
“If the AR or whoever would have raised a complaint or other political parties that opened the cases against Swapo for breaking the regulations and nothing was done, that is considered as maladministration. The ombudsman would step in and say it’s unfair or not,” she said.
Samupwa said it was irrelevant for The Namibian to ask him about something which happened in 2020 in 2022.
“What is your agenda? Ask the secretary general,” he said before ending the call. Shaningwa was not available for comment, while Swapo spokesperson Hilma Nicanor referred The Namibian to Samupwa.
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