Police chief violated demonstration rights, court rules
Suspended Namibian Police inspector general Joseph Shikongo eroded the essential content of the right to demonstrate when he directed that a public demonstration about unemployment in Namibia was not to take place on Independence Day in 2023, an acting judge of the High Court has found. Acting judge Natasha Bassingthwaighte made the finding in a judgement in which she on Wednesday awarded N$300 000 to activist Michael Amushelelo and N$80 000 to a fellow activist, Dimbulukeni
A judge ruled that suspended Namibian Police inspector general Joseph Shikongo violated the right to demonstrate by preventing a public gathering on Independence Day in 2023. The court awarded compensation to activists Michael Amushelelo and Dimbulukeni Nauyoma after they were arrested and prosecuted. The judge stated that the Public Gatherings Proclamation of 1989 does not require permission for public gatherings, only notice. Shikongo's decision to move the demonstration to another date was deemed to have undermined the right to protest. The activists were found not guilty in October 2023 after being detained for several months. The court found that the arrests were unlawful and that the prosecution was malicious. The judge criticized the failure of authorities to justify the arrests. The ruling highlights the importance of protecting fundamental rights to assembly and expression.
The ruling emphasizes the legal protection of the right to peaceful assembly and highlights the consequences of unlawful restrictions on this fundamental right.
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