Staff Reporter
WELL-KNOWN local lawyer Sisa Namandje, representing 14 individuals, mostly Chinese, detained on charges of fraud amounting to N$ 8.8 million and human trafficking, argued that there can be no detention without arrest. He said that the Namibian police violated articles 7 and 11 of the constitution, which pertain to liberty and arbitrary arrests.
Namandje, in an urgent application heard on 26 October in the High Court, is challenging the legality of the detention, alleging that the police detained the suspects for over 48 hours following their arrest without a court appearance. The suspects claim they were arrested on 3 October and appeared in court only on 6 October 2023.
Chinese nationals Fan Jia (42), Guo Linzie (41), Zheng Haifeng (40), Li Zirian (36), Shi Zi Jun (33), Lin Shu Lin (35), Chen Wuyu (30), Neng Jun Wu (30), Wu Weiyang (22), and Chen You Yi (40), along with Namibian citizens Tango Muulyau (34), Mdanda Mamelodi Domingo (30), Toivo Herman (40), and Cuban Citizen Carlos Alejandro Batista Valdes (34), were arrested earlier this month in a high-profile police case. They were apprehended at various targeted residential premises and office accommodations in Auasblick, Kleine Kuppe, and Klein Windhoek, as well as one business building, namely Raylon Investments, situated on the third floor of Shapumba Towers Building in Ausspannplatz.
They were accused of illegally holding nearly 100 Namibian youth against their will and exploiting them as “internet promoters” to defraud mostly American investors. This activity allegedly occurred strictly at night within the Shapumba Towers office building.
While maintaining that the suspects were handcuffed and searched on the night of 3 October 2023, starting from around 21:00, Deputy Inspector General Elias Mutoto and several arresting officers insisted that the suspects were only formally arrested on 4 October.
Responding to this, Namandje argued that Article 7 of the Constitution stipulates that “No persons shall be deprived of personal liberty except according to procedures established by law.” He further stated that the accused were handcuffed for 12 hours at Shapumba Towers, one of whom had an 8-month-old baby at home. “It appears that these people don’t know how to arrest. They just shout. Detention can happen anywhere, even in this courtroom. There can never be detention without arrests. Many people in Namibia are just rounded up. Even if a police officer comes 12 hours later and says you have been formally arrested, you have already lost your liberty,” Namandje argued.
He further contested the state lawyer’s statement that the suspects were only “contained” on the night of 3 October 2023 and not arrested. “You mentioned an alien term. Namibians cannot be contained. There must be a justification. Containment is an alien word, what is that. To keep people handcuffed for 12 hours and yet claim in court they are not arrested?” Namandje questioned.
He added that the State Respondents (Police Officers in particular) materially contradicted themselves and that they attempted to conceal the true facts breached the duty upon them to provide the court with correct facts on the detention of the Applicants. “The arrest of the Applicants on 3 October 2023 is not only confirmed by the Applicants themselves, but also by objective facts including a public statement by the Deputy Inspector-General of the Namibian Police (Mutota) in a media release. The attempt by the Fifth Respondent and General Mutota to speak on behalf of arresting officers is legally impermissible,” Namandje said.
“As to the arrests of the applicants, I further state as follows—Detective Mulokoshi arrested applicants numbered 6 and 7 on 04 October 2023 at Shapumba Towers at approximately 07:00. Detective Serogwe arrested the second applicant on 04 October 2023 at Shapumba Towers around 09:00. Warrant officer Shiweda arrested nine applicants in the person of applicants numbered 1, 4, 5, and 8—13 on 04 October 2023 around after 14:00 at Reserve Force offices. l deny that any Chinese persons were assaulted,” Mutota said.
The case was postponed to 1 November 2023, for judgement.
