By Michael Uugwanga
The Namibia University of Science and Technology (NUST) Hotel School last Thursday hosted a panel discussion on pre-trial detention, human dignity and justice, with experts raising concern over prisoners who spend years behind bars without their cases being finalised.
The discussion, held on 27 August through the Southern African Leaders Coalition for Faith, Freedom and Justice (SALC-FFJ), focused on the growing concern around prolonged detention, poor holding cell conditions and the constitutional rights of accused persons awaiting their day in court.
The engagement brought together voices from civil society, academia, faith communities, the legal profession, human rights organisations and other sectors of society to openly discuss issues affecting human dignity and access to justice.
At the centre of the discussion was the question of whether Namibia’s justice system is doing enough to protect the rights of people who remain in custody for extended periods before their cases are concluded.
The panellists included Dr Christian Harris, a lecturer at the University of Namibia (UNAM) in the Department of Public and Procedural Law, and Dr Armas Shikongo, a clinical and educational psychologist.
Both argued that while Namibia has constitutional safeguards aimed at protecting the rights of accused persons, the experiences of many prisoners awaiting trial raise serious questions about whether those rights are being fully realised.
They referred to Article 12(1) (b) of the Namibian Constitution, which provides that criminal trials must take place within a reasonable time.
The discussion also touched on Articles 7, 8 and 11 of the Constitution, which deal with the protection of liberty, respect for human dignity and safeguards relating to arrest and detention.
Harris said poor conditions in some holding cells, high bail amounts and prolonged delays in criminal proceedings continue to affect accused persons, particularly those who cannot afford legal representation or bail.
“Katima Mulilo holding cells have poor conditions and sanitation, which can lead to the spread of tuberculosis. The high cost of bail is another issue for those awaiting trial,” Harris said.
He said delays in the justice system often have serious consequences because accused persons can lose years of their lives before a court finally determines whether they are guilty or innocent.
“Some cases are as old as 15 to 20 years. The Caprivi trials took about 16 years. Some people were found guilty and others innocent. Just imagine spending all that time in holding cells,” he said.
Harris further raised concern about juveniles being detained alongside adults, despite laws and policies designed to protect children and young people.
“Another issue is juveniles being kept in the same cells as adults. We have a Child Care and Protection Act, but I am not sure how far we are with its implementation. Civil society needs to start raising its voice,” he said.
Shikongo, who is also a renowned community and religious leader, said government and lawmakers often only respond to serious social problems when they are placed under sustained pressure by the public.
He said civil society organisations, faith communities and ordinary citizens have an important role to play in demanding accountability and ensuring that justice is applied fairly to everyone.
“Our leaders and lawmakers tend to react to public pressure. If there is no pressure from the public, government will relax. There should be objectivity when it comes to pre-trials, whether one is rich or poor,” Shikongo said.
Mirjam Madhimba, a clinical psychologist who shared her experience working with prisoners awaiting trial, said the justice system must pay closer attention to vulnerable detainees.
She highlighted pregnant women, elderly prisoners and people requiring medical care as groups whose conditions must receive special consideration while awaiting trial.
“You find pregnant women awaiting trial, so one has to look at their conditions. Elderly people also need special attention because of their immune systems, while some detainees are not given proper access to health care and their overall well-being is affected,” Madhimba said.
She said Namibia should explore alternatives to detention, including house arrest, particularly for vulnerable accused persons. “We should also consider house arrest, as is done in other countries,” she said.
The panellists agreed that protecting the rights of accused persons should not be mistaken for excusing crime. Instead, they said, it is about ensuring that every person is treated fairly, humanely and with dignity until proven guilty by a competent court.
The discussion concluded with a call for stronger public engagement and greater accountability to ensure that constitutional rights are not merely written guarantees, but protections experienced by every person who enters Namibia’s justice system.
