HUMAN rights lawyer Norman Tjombe said although it is possible that police inspector general Joseph Shikongo can impose conditions on a public gathering, he cannot prohibit a demonstration.
This comes after Shikongo wrote to Namibia Economic Freedom Fighters (NEFF) activist Michael Amushelelo directing him to reschedule a nationwide protest on unemployment, planned for 21 March for "security reasons".
The letter dated 17 March reads: "Taking into consideration the national security interests and the fact the the intended peaceful demonstration is to take place 21 March 2023, which is Independence Day, the inspector general has reason to believe that the intended peaceful demonstration may cause feelings of hostility.
"Under the powers vested in the inspector general of police in terms of section 3 of the Public Gatherings Proclamation, you are hereby directed to reschedule such intended peaceful demonstration to any date after the commemoration of the national Independence Day.
Tjombe said Shikongo's reason for prohibiting the demonstration "appears to be superfluous".
"Demonstrations and protests are by nature intended to be uncomfortable for those on the receiving end, so as to result in the change which the protagonists are advocating, otherwise it would not have the desired outcome," he said.
Tjombe said it should be noted that demonstrations are a human right guaranteed in the Constitution, and Shikongo should be advised that there is a good reason why it is mentioned in the Constitution.
Amushelelo said the government is undermining the public's constitutional rights by deciding when to protest and warned that they would go ahead with the planned protest.
"They must choose another day to eat their green salad because we are going ahead.
"We don't work for the police, Shikongo does not make the law," he said.
Amushelelo said the law on public gatherings is clear that as long as you have given your notice in three days, that's all that matters.
"Whatever you choose to do during the public holiday is your problem, why are they not telling white people to join the independence celebration?
"Independence Day will only be attended by black poor people that are economically marginalised.
"We are going to the streets because we can not continue being unemployed and living in poverty," he said.
Amushelelo said celebrating independence means everything is okay and there are no problems in Namibia.
"People could have died, just fighting for a job but the government does not care, all they care about is eating green salad.
We also want to eat salad in the comfort of our homes," he said.
Police spokesperson Kauna Shikwambi, when asked whether Shikongo's request violates the right to freedom of speech and movement, referred The Namibian to the section 3 (1) of the Public Gatherings Proclamation AG 23 of 1989.
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This section deals with reasons given for the imposition on conditions on a public gathering, which include that the public peace would be seriously endangered; that public order would be threatened, any person would be killed or seriously injured or valuable property would be destroyed or seriously damaged, and that feelings of hostility between different sections of the population of the territory would be caused, encouraged or fomented.
"Take note that some sections are referred to in the letter, so acquaint yourself with those," Shikwambi added.
The Namibian attempted to contact Shikongo via WhatsApp and telephone but he was unreachable.
