Commissioner- General Raphael Hamunyela Directed to Reinstate Fishrot Accused to C-Section
By Aneli Fura
The High Court has directed the Commissioner-General of the Namibian Correctional Service, Raphael Hamunyela, to overturn a decision that saw several Fishrot accused transferred from C-Section to the Echo Unit at the Windhoek Correctional Facility.
The application was brought by James Nependa Hatuikulipi, Mike Nghipunya, Ortneel Nandetonga Shuudifonya and Pius Natangwe Mwatelulo, who argued that their relocation negatively affected their ability to prepare for their ongoing trial.
According to court documents, the four were moved to the Echo Unit on 1 May 2024 without being afforded an opportunity to make representations before the decision was implemented.
They told the court that conditions in the Echo Unit are not conducive to trial preparation. Unlike C-Section, the unit consists of communal cells and lacks basic facilities such as tables and chairs. They also raised concerns about limited access to electrical devices, noting that only radios and hair clippers are permitted, and these can only be charged at the unit’s office.
The judgement further revealed that despite being housed in the Echo Unit, the accused still spend their days in C-Section. They are transferred to the Echo Unit in the afternoons after other cells have been locked and are returned to C-Section early each morning before other inmates in the Echo Unit are released.
In its ruling, the High Court found that correctional authorities failed to give the inmates a hearing before relocating them and did not provide reasons for the transfer, rendering the decision procedurally unfair.
