Court upholds bail denial for Namuhuja

The High Court of Namibia’s northern division last week dismissed an appeal for bail by Leonard Pendapala Namuhuja, a former special assistant to two prime ministers, Nahas Angula and the late Hage Geingob.

Namuhuja, who faces charges for allegedly raping a nine-year-old relative, sought bail after being denied by the Ondangwa Magistrate’s Court.

Namuhuja was arrested on 30 April and charged under the Combating of Rape Act. Following his first court appearance on 2 May, he applied for bail, a request strongly opposed by the State due to the gravity of the charges, the potential risk of witness interference and the strength of the evidence against him. After the magistrate denied his initial application, Namuhuja appealed to the High Court in hopes of overturning the decision.

Judges David Munsu and Duard Kesslau reviewed the case on appeal, considering the submissions presented during the bail proceedings. Namuhuja's defence argued for his right to liberty and presumption of innocence; however, the judges stressed that such rights must be weighed against the public interest, especially in cases involving serious allegations like child rape.

The court highlighted the severe nature of the charges against Namuhuja, noting that a conviction could lead to a custodial sentence. The judges expressed concern that releasing him on bail might endanger public safety and compromise the integrity of the judicial process. They also pointed to the substantial public and media interest in the case.

The court said there was credible evidence supporting the risk that Namuhuja could interfere with witnesses or ongoing investigations. The investigating police officer’s testimony also underlined that child rape is a grave issue in the district, further justifying the court's caution in handling such cases.

Magistrate’s decision

The judges also recognised the limits of their review power, explaining that they could only overturn the lower court’s decision if it was “clearly wrong.”

They affirmed that the magistrate acted within her discretion, relying on substantial evidence to deny bail.

Namuhuja’s defence team, represented by Greyling and Associates, maintained that he should be presumed innocent until proven guilty, arguing that his lack of a criminal record and strong community ties made him unlikely to abscond or disrupt the investigation.

In his appeal, Namuhuja raised issues allegedly not fully explored in the initial bail proceedings, including claims of “bad blood” between his family and the complainant's and allegations that the victim was seen playing just two days after the alleged incident. The court noted that these factors were not adequately addressed during the original bail hearing, limiting their influence on the appeal [email protected]