The four people who were arrested in relation to the Affirmative Repositioning debacle which has incited much public unrest over the past weekend were released on warning.
The accused were arrested at around 02:00 on Saturday after being identified as members of the mob who assisted Dimbulukeni Nauyoma and were charged with assault by threat and malicious damage to property after Daniel Iyambo laid charges in this regard at the Namibian Police.
Presenting the case, state prosecutor Pieter Smit, argued that the state had no objection to bail and the four accused person could be released on an amount set at N$500 each on condition that they do not contact the complainant, that they do not go to the complainant’s residence to harass him and that they do not occupy any land illegally.
Acting on behalf of the of the accused legal representatives of the four persons objected to the conditions stating that condition number three which states that the four accused may not occupy land illegally is unnecessary and unconstitutional. The two lawyers further argued that the conditions are designed to bring back accused persons into custody and prevent them from being in a place which belongs to state or municipality.
They argued that their clients would not be able afford the set bail amount as they are all unemployed and requested the court to free the accused persons on warning.
Magistrate Atutala Shikalepo granted the request by counsel for the defence and freed the four accused persons with only a warning on condition that they do not contact the complainant and that they do not go to the complainant’s residence to harass him.