THE arrested activists Dimbulukeni Nauyoma and Michael Amushelelo should be granted bail in an amount of N$500 and N$1 000 respectively, defence lawyers representing the two men proposed in the Windhoek Magistrate's Court in Katutura yesterday.
Addressing magistrate Masule Kwizi with their closing arguments in the bail hearing of Amushelelo and Nauyoma, lawyers Nambili Mhata and Kadhila Amoomo both stressed that the two men are considered innocent until they have been proven guilty during a trial.
Mhata, who is representing Amushelelo, argued that the prosecution wanted to drag the case into the political arena and turn it into a political issue.
On his part, Amoomo, representing Nauyoma, argued that Namibia was still in a dark age in which protests were not allowed, and that the two charged men were finding themselves in a situation where protests were being transformed into criminal proceedings.
Amushelelo has been charged with counts of public violence, incitement to commit an offence and assault by threat, after he went through the China Town shopping complex in Windhoek's Northern Industrial Area on Thursday last week, ordering Chinese-owned shops to close.
Nauyoma was arrested and charged with public violence and incitement to commit an offence, after he led a demonstration outside the China Town shopping complex on Friday, shortly after Amushelelo had been arrested when he handed himself over to the police at Windhoek Central Police Station.
Six other people have also been charged and were released on a warning when they appeared in court with Amushelelo and Nauyoma on Monday.
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The state objected to bail being granted to Nauyoma, who is an Affirmative Repositioning movement activist and Amushelelo, a Namibia Economic Freedom Fighters activist.
Mhata also argued yesterday that Amushelelo and Nauyoma were being treated differently than their co-accused. Their constitutional rights to be equal before the law and to not be discriminated against were being violated, he added.
Amoomo argued as well that the right to protest is protected by the Constitution. Denying bail to Nauyoma - and Amushelelo - would be an infringement of their constitutional right to freedom of speech, he added.
He further argued that the court should not be swayed by public sentiment - whether that sentiment was in favour of the granting of bail or against it.
Mhata suggested that the magistrate should grant bail to Amushelelo in an amount of N$1 000. Amoomo proposed bail of N$500 for Nauyoma.
Public prosecutor Arrie Husselmann, who is representing the state, is due to address the court with his arguments when the bail hearing continues today.
