580 traffic offenders arrested in January

City police chief Leevi Ileka has revealed that over 580 traffic offenders were arrested in January this year, prompting criticism from lawyers that the police are abusing their powers.

Ileka told The Namibian yesterday that arrests are typically reserved for serious traffic offences, such as driving under the influence, reckless and negligent driving, skipping red traffic signals, moving violations. In addition, the non-payment of fines resulting in warrants of arrest require immediate arrest.

“Regarding arrests for traffic offences, currently, the January statistics for this year show that 584 persons were arrested,” he said.

The police chief said the warrants of arrest – which stipulate that the offender be brought before the court or arrested on sight – are legal directives issued by the courts, and law enforcement officers are thus “legally obligated to enforce them”.

Last year in December, the police said approximately 148 000 drivers faced arrest for various traffic violations countrywide, translating to about N$170.8 million in outstanding traffic fines.

However, Ileka said the police ensure that all arrests carried out under such warrants are done lawfully and respectfully, with the rights of individuals fully observed.

Inspector general of the Namibian Police Joseph Shikongo last year called for a more compassionate approach when dealing with traffic offenders, including by using discretion and issuing warnings where appropriate. According to Ileka, the police are not ignoring the directive from Shikongo.

“Instead, we are balancing enforcement with fairness by ensuring that officers exercise discretion provided for in the law, while still fulfilling our duty to maintain safety and order in the city … As the Windhoek city police, we remain fully committed to upholding this directive while also ensuring compliance with traffic laws to maintain safety and order on our roads,” he said.

Despite this, some Windhoek residents have complained about the volume of traffic fine arrests. Ileka acknowledged these concerns, saying the police appreciate the public’s engagement on the matter.

RESTRAINT

Inspector general Shikongo has said that, although there are no legal requirements to issue warnings, fairness in policing should be applied.

“There is no law that people should be warned, but l am talking from my human perspective that we are human beings and if somebody has committed an offence the officer should educate the people first. My focus is on education and you should warn people first before the arrest,” he told The Namibian yesterday.

Despite this, Shikongo said there are offences that require immediate arrest.

“We cannot warn people in other cases such as [being found] drunk and driving – those are serious offences. My context is that when it comes to minor cases such as forgetting a driver’s license or not having it, or the car having some issues, is it really worth it to give a fine? You just need to warn the person,” he said.

Shikongo has advocated for the use of discretion by officers in the past. The Namibian reported last year that Shikongo accused some traffic officers of abusing their power when issuing traffic fines.

“Do not just punish a person every time. It is not our job to punish people. We are there to educate, make people understand and educate them on traffic laws through the media and not just to issue a fine,” Shikongo said.

He encouraged police officers to be humane and serve with integrity.

Shikongo also noted that many police officers do not carry their rifles, pocketbooks and other work tools when on duty.

ABUSE OF POWER

Lawyer Sisa Namandje on Wednesday told The Namibian that people are being wrongfully arrested.

“People are arrested in Namibia on a daily basis with no justifiable grounds as to why a pre-trial arrest is the justifiable mode of securing attendance of a suspect in court instead of summons.”

Namandje said people should be warned before an arrest is made, for example in circumstances when the police do not fear that a suspect would not attend court.

“For avoidance of doubt, in drink and driving cases just like in any other cases, a suspect could be summoned or warned to appear in court instead of being arrested. Arrest can only be resorted to if necessary. These repugnant arrests must stop,” he said.

He alleged that other law enforcement members are abusing their power to arrest, putting further pressure on overburdened detention facilities.

“These arbitrary police practices on arrest and detention are the cause of inhuman overcrowding in police cells and are further the cause of a disturbingly high number of successful claims against the police in civil law and arrest claims at the public’s expenses,” he said.

Namandje expressed that there is a need for urgent reform in the area of the law on arrest and detention.

“In particular, police officers need to know that the constitutional presumption of innocence is not simply a tokenistic stipulation – it is an important substantive right enjoyed by people suspected of committing criminal offences,” he said.

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