Public gatherings bill withdrawn amid pressure
Kawana says bill susceptible to abuse
The bill, which seeks to hold protest organisers liable in their personal capacities, has been described as regressive.
Home affairs minister Albert Kawana has withdrawn, at least for now, the Public Gatherings and Public Processions Bill, which he admits has attracted a lot of negative attention since its tabling in August.
Among other things, the bill sought to imprison - for up to a year - anyone found to have held public demonstrations within 500 metres of courts, parliament, state house, airports, embassies, buildings used by foreign missions, military buildings, prisons and buildings used by national intelligence. Alternatively, violators would face a fine of N$5 000.
The bill further demanded that notice of a planned gathering or protest must be given at least five days in advance, and permission must be obtained from the police chief or the nearest station commander.
According to the proposed legislation, the organiser of a public gathering will be held personally responsible for any consequences arising from the event, a move seen as the state’s attempt to intimidate those hosting such events.
Fears ‘misplaced’
Kawana conceded that fears that the law will be used to abuse power were among his concerns, but he hastened to add that Namibia is one of the leading countries on the continent boasting good governance, hence these fears are misplaced.
He noted that while many of the aspects of the bill were genuine and well-intentioned, there were parts that were misinterpreted and caused concern. “We are a democratic government and I heard some of the concerns, and because of the limited time to consult, I feel that maybe this bill must be put on [the back-burner] until after we come back,” he said.
Kawana, who is among the ministers headed into retirement before a new president is sworn in in March next year, defended the ruling party Swapo as having defended the ideals of democracy.
“For many years, we [Swapo] had a super two-thirds majority. The last election we only missed out by one seat, meaning our record is very clear. We have been a responsible Swapo government,” the former justice minister said.
He added that he has organised a meeting with all political parties to meet with Namibian Police chief Joseph Shikongo to iron out issues pertaining to their upcoming political campaigns and public gatherings.
Reconsider and revise
The Economic Policy Research Association (EPRA) recently warned that the bill endangers the core democratic values of transparency, accountability and the protection of civil liberties in Namibia.
The association urged government “to reconsider and revise the bill to align with democratic principles and international standards”.
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Among other things, the bill sought to imprison - for up to a year - anyone found to have held public demonstrations within 500 metres of courts, parliament, state house, airports, embassies, buildings used by foreign missions, military buildings, prisons and buildings used by national intelligence. Alternatively, violators would face a fine of N$5 000.
The bill further demanded that notice of a planned gathering or protest must be given at least five days in advance, and permission must be obtained from the police chief or the nearest station commander.
According to the proposed legislation, the organiser of a public gathering will be held personally responsible for any consequences arising from the event, a move seen as the state’s attempt to intimidate those hosting such events.
Fears ‘misplaced’
Kawana conceded that fears that the law will be used to abuse power were among his concerns, but he hastened to add that Namibia is one of the leading countries on the continent boasting good governance, hence these fears are misplaced.
He noted that while many of the aspects of the bill were genuine and well-intentioned, there were parts that were misinterpreted and caused concern. “We are a democratic government and I heard some of the concerns, and because of the limited time to consult, I feel that maybe this bill must be put on [the back-burner] until after we come back,” he said.
Kawana, who is among the ministers headed into retirement before a new president is sworn in in March next year, defended the ruling party Swapo as having defended the ideals of democracy.
“For many years, we [Swapo] had a super two-thirds majority. The last election we only missed out by one seat, meaning our record is very clear. We have been a responsible Swapo government,” the former justice minister said.
He added that he has organised a meeting with all political parties to meet with Namibian Police chief Joseph Shikongo to iron out issues pertaining to their upcoming political campaigns and public gatherings.
Reconsider and revise
The Economic Policy Research Association (EPRA) recently warned that the bill endangers the core democratic values of transparency, accountability and the protection of civil liberties in Namibia.
The association urged government “to reconsider and revise the bill to align with democratic principles and international standards”.
- [email protected]
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