Namibian High Court finds police chief eroded right to demonstrate, awards activists N$380,000

Acting High Court Judge Natasha Bassingthwaighte ruled that suspended Namibian Police inspector general Joseph Shikongo unlawfully restricted the right to demonstrate by preventing a public demonstration on unemployment from occurring on Independence Day in 2023. The judge stated that the Public Gatherings Proclamation of 1989 only requires notice for public gatherings, not permission, and cannot be used to refuse or prevent them. She found that directing the demonstration to a different date, based on an unsupported belief of potential hostility, eroded the essential content of the right to demonstrate. Bassingthwaighte awarded activist Michael Amushelelo N$300,000 and fellow activist Dimbulukeni Nauyoma N$80,000. This compensation is linked to their arrest, detention, and prosecution in 2023, after they were acquitted of charges including public violence and incitement. Amushelelo was held for nearly seven months. The judge concluded that the minister of safety and security and the inspector general failed to prove the lawfulness of the arrests, and that Amushelelo and Nauyoma were maliciously prosecuted. The defendants were also ordered to cover the legal costs of the activists.