Police chief dragged to Ombudsman for blocking ganja march

THE Ganja Users of Namibia have reported police chief Joseph Shikongo to the office of the ombudsman for denying them their application to stage a demonstration aimed at garnering support to legalise the use of marijuana.

Last week, the office of the inspector general denied the Ganja Users of Namibia’s (GUN) application on the basis of their request to involve international allies.

In a letter seen by The Namibian, inspector general Joseph Shikongo highlighted the involvement of participants from South Africa and European countries as being potentially detrimental to the “sovereignty and integrity of Namibia, public order, decency or morality”.

The letter was dated 14 November and came in response to a request made by the GUN on 23 July this year.

GUN secretary general Borro Ndungula says this response was disturbing and led them to take this matter to the human rights watchdog.

“The message that came from the office of the inspector general is very disturbing and can also bring problems to Namibians who are in Europe or in South Africa,” he says.

Ndungula says the involvement of foreign participants was to demonstrate solidarity for GUN’s cause.

“Whenever there is news around cannabis in Namibia, people from the outside world also want to be part of it and follow up on it. This is an international matter,” he says.

Ndungula says Shikongo’s decision is in denial of their basic human rights and the Constitution.

Shikongo yesterday told The Namibian he was busy and could not talk. He did not respond to further calls or text messages.

Legal Services Directorate head Jamunomundu Kazekondjo says he still has to brief the public relations division on the matter before the police can comment.

Sociologist Ellison Tjirera says if the police have reasonable grounds to block the protest, then they have to give the reasons.

“In terms of perception, this is nothing out of the ordinary unless the refusal is on justifiable grounds. It would be better for the police to be a bit more detailed,” he says.

Tjirera says it is important in a democracy for people to have freedom of conscience and freedom to assemble peacefully.

“These are constitutionally protected, fundamental freedoms and rights,” he adds.

MISINTERPRETATION OF THE LAW

Legal Assistance Centre executive director Toni Hancox says the police do not have the right to forbid a public gathering without justifying it.
“The public gathering proclamation does not give the police power to forbid a public gathering altogether. All the police can do is place conditions on a public gathering if they believe that it can endanger the public, lead to violence or restrict the public’s rights.

“They cannot just say “no”. The police don’t have that power,” she says.

Human rights lawyer Norman Tjombe says the reasons given by the police chief are not good enough.

“The potential participation of foreign nationals in a demonstration on Namibian soil is certainly not a good reason to ban a demonstration. The decision is unlawful and contrary to the provisions of the Namibian Constitution,” he says.

This was echoed by social justice academic John Nakuta who says there are worrying emerging trends which seem to suggest that the civic space is under attack.

“We have observed a trend which is aimed at hampering and or preventing civil society organisations and members of the public to express public dissent in some instances.

“The reasons given for not allowing 10 December 2024 by GUN and Rastafari United Front are equally wrong in law. It is a misinterpretation on the limitation of the fundamental freedoms guaranteed in Article 21(1) of our Constitution,” Nakuta notes.

He urges GUN to challenge the response by Shikongo.

“The choice of the day, 10 December, is very significant. Those in the legal fraternity who are equally concerned about the covert attack on the civic space are urged to provide pro bono legal services to GUN and Rastafari United Front to challenge this decision,” he says.