Amushelelo, Nauyoma push for N$10 million payout from police
'Arbitrary detention'
Michael Amushelelo and Dimbulukeni Nauyoma claim they were arrested without lawful and just grounds during a protest in Windhoek in March last year.
Social justice activists Michael Amushelelo and Dimbulukeni Nauyoma are demanding a total of N$10 million from the State for alleged wrongful arrest and detention.
This stems from their arrests during a protest in Windhoek in March last year. Amushelelo and Nauyoma claim they were “wrongfully and unlawfully” arrested by members of the Namibian police in Windhoek in March 2023.
They were subsequently charged with public disorder, intentional damage to property, violation of a court order and contravention of the law on riotous assemblies. In their particulars of claim submitted to the High Court in Windhoek, both men allege that there was no reasonable suspicion or probable cause to believe they had committed the offences.
After their arrest, the men were held at the Seeis Police Station and later transferred to Windhoek Central Prison. However, on 12 October, they were released and acquitted of the charges against them under Section 174 of the Criminal Procedure Act.
Damages
Amushelelo was denied bail and detained for seven months – from 21 March 2023 to 14 October 2023. He claims his detention was unlawful and without just grounds.
"During his detention, [Amushelelo] was treated as if he were a danger to society and at one point was subjected to solitary confinement for a period of one month," the claim submitted to court states.
Amushelelo is seeking compensation for the alleged arbitrary detention, malicious prosecution and the inhumane and degrading treatment he claims to have endured.
He argues that this violated his constitutional rights against arbitrary arrest and detention, as well as his rights to personal freedom and human dignity. Furthermore, he believes it harmed his reputation and good name.
He is seeking N$4 million in damages for the alleged physical, psychological and emotional pain and trauma he suffered. Additionally, he is claiming N$2 million for the alleged violation of his rights to privacy, dignity and reputation.
Nauyoma, who was detained for only two weeks before being granted bail on 3 April 2023, is demanding N$4 million in damages.
The case has been filed against the safety and security ministry, the Inspector General of the Namibian Police and the Prosecutor General.
Response to claims
The defendants, in response to the lawsuit, claim in court documents that the arrest was lawful.
"The plaintiff [Amushelelo]'s request to hold a nationwide peaceful protest on 21 March 2023 about the country’s high unemployment rate was rejected by the regional commander of the Khomas Region. They were advised to reschedule the protest," the pleadings state, further noting that Amushelelo chose to proceed with the protest. According to them, protesters threw stones at police officers and a police vehicle.
"This prompted the officers to use minimal force to disperse the group."
Prosecutor General Martha Imalwa denied that the prosecution was arbitrary in her court submission.
"There was reasonable and probable cause to institute criminal proceedings against the plaintiff. The third defendant [Imalwa] honestly believed, based on the evidence in the police docket, that the prosecution was justified."
The parties appeared in the High Court in Windhoek on Thursday for pre-trial proceedings.
This stems from their arrests during a protest in Windhoek in March last year. Amushelelo and Nauyoma claim they were “wrongfully and unlawfully” arrested by members of the Namibian police in Windhoek in March 2023.
They were subsequently charged with public disorder, intentional damage to property, violation of a court order and contravention of the law on riotous assemblies. In their particulars of claim submitted to the High Court in Windhoek, both men allege that there was no reasonable suspicion or probable cause to believe they had committed the offences.
After their arrest, the men were held at the Seeis Police Station and later transferred to Windhoek Central Prison. However, on 12 October, they were released and acquitted of the charges against them under Section 174 of the Criminal Procedure Act.
Damages
Amushelelo was denied bail and detained for seven months – from 21 March 2023 to 14 October 2023. He claims his detention was unlawful and without just grounds.
"During his detention, [Amushelelo] was treated as if he were a danger to society and at one point was subjected to solitary confinement for a period of one month," the claim submitted to court states.
Amushelelo is seeking compensation for the alleged arbitrary detention, malicious prosecution and the inhumane and degrading treatment he claims to have endured.
He argues that this violated his constitutional rights against arbitrary arrest and detention, as well as his rights to personal freedom and human dignity. Furthermore, he believes it harmed his reputation and good name.
He is seeking N$4 million in damages for the alleged physical, psychological and emotional pain and trauma he suffered. Additionally, he is claiming N$2 million for the alleged violation of his rights to privacy, dignity and reputation.
Nauyoma, who was detained for only two weeks before being granted bail on 3 April 2023, is demanding N$4 million in damages.
The case has been filed against the safety and security ministry, the Inspector General of the Namibian Police and the Prosecutor General.
Response to claims
The defendants, in response to the lawsuit, claim in court documents that the arrest was lawful.
"The plaintiff [Amushelelo]'s request to hold a nationwide peaceful protest on 21 March 2023 about the country’s high unemployment rate was rejected by the regional commander of the Khomas Region. They were advised to reschedule the protest," the pleadings state, further noting that Amushelelo chose to proceed with the protest. According to them, protesters threw stones at police officers and a police vehicle.
"This prompted the officers to use minimal force to disperse the group."
Prosecutor General Martha Imalwa denied that the prosecution was arbitrary in her court submission.
"There was reasonable and probable cause to institute criminal proceedings against the plaintiff. The third defendant [Imalwa] honestly believed, based on the evidence in the police docket, that the prosecution was justified."
The parties appeared in the High Court in Windhoek on Thursday for pre-trial proceedings.
Comments
Namibian Sun
No comments have been left on this article