Amushelelo ordered to pay Namib Mills’ legal costs

A Windhoek High Court judge has ordered social activist Michael Amushelelo to pay Namib Mills’ legal costs in a case about threats to shut the food-producing company down, made by Amushelelo.

In a judgement delivered yesterday, judge Hannelie Prinsloo said Amushelelo made inflammatory statements against Namib Mills on social media and his threats can potentially incite criminal acts.

The judge noted that Amushelelo’s statements on social media drew responses in which people threatened to sabotage and loot Namib Mills trucks and to damage the company’s products.

Prinsloo said freedom of speech is a cornerstone of Namibian society, but freedom of speech that conflicts with other fundamental rights and leads to unlawful or criminal conduct is in violation of the Constitution. Prinsloo confirmed an interim interdict that she issued on 2 April, and ordered that Amushelelo should pay Namib Mills’ legal costs in the matter.

The interdict issued by the court prevents Amushelelo and a group of 26 people working at Namib Mills from unlawfully blocking entrances to the company’s premises in Windhoek and at Otavi, Ondangwa, Katima Mulilo, Walvis Bay and Keetmanshoop.

They may also not disrupt or interfere with the normal business operations of Namib Mills, threaten to shut down its operations and make other threats against the company if Namib Mills does not comply with demands made by them, the court’s interdict states.

Namib Mills applied for the interdict after Amushelelo blocked the entrance to one of the company’s depots in Windhoek on 11 March. He also posted messages on social media in which he declared war on the company.

Prinsloo recorded in her judgement that Amushelelo and Namib Mills have had a number of prior confrontations that started in 2022.

In March this year, Amushelelo placed a “stern warning” to Namib Mills on his Facebook account, cautioning the company to be prepared for serious retaliation and consequences if it dismissed some of the employees alleged to have been involved in theft.

He signed that message in his capacity as general secretary of the National Union of Retail Industry Workers of Namibia, which is not officially registered and with which Namib Mills does not have a recognition agreement.

After making more threats against Namib Mills on social media, Amushelelo and a group of Namib Mills staff members blocked the entrance to a company depot in Windhoek on 11 March, preventing deliveries to the depot for about three hours.

Namib Mills reacted by filing an urgent application in the High Court against Amushelelo, the Namibia Economic Freedom Fighters, of which Amushelelo is a member, the National Union of Retail Industry Workers of Namibia, six Namib Mills employees and 20 employees of a labour hire company contracted to do work for Namib Mills.

Prinsloo noted in her judgement that Amushelelo claimed Namib Mills was engaging in unfair labour practices.

She added: “These complaints by the employees can and should be addressed by the relevant authorities. In this context, I am referring to the Office of the Labour Commissioner.”

She said Amushelelo and the workers who joined him in blocking access to the depot clearly interfered with the company’s right to conduct business without unwarranted interference.

Taking the law into one’s own hands “is fundamentally inconsistent with the rule of law”, Prinsloo said.

Amushelelo made no secret of what his agenda was regarding Namib Mills, Prinsloo said. “He declared war on [Namib Mills] in as many words, not only on social media but also before this court.”

A final interdict against Amushelelo would not be a “gag order” for him and his cause, but would oblige him to operate within the confines of the law, the judge said. Amushelelo and the other respondents in the matter did not have legal representation.

Namib Mills was represented by legal counsel Natasha Bassingthwaighte, instructed by Jaco Boltman.