Namibian law allows for prosecution of chiefs, lawyers confirm

Any chief, regardless of their ethnic group or tribe in Namibia, can be arrested and tried in court if there is credible evidence linking them to criminal conduct or activities.

This follows the circulation of a widely shared video clip on social media, showing Ondonga chief Fillemon Nangolo speaking at the memorial service of founding president Sam Nujoma at Omuthiya in February this year.

The chief was referencing an incident during the apartheid era, when his predecessor, Immanuel Elifas, was summoned to court and was allegedly represented by two men from the Ondonga Traditional Authority, instead of him being there himself.

However, lawyer Francois Bangamwabo disagrees with Nangolo’s statement, saying a chief can indeed be tried in a court of law.

“The only person who is immune to criminal prosecution in Namibia is a sitting president. If he or she is involved in criminal activities, they cannot be prosecuted while still in office,” he says.

The lawyer adds that in such cases, a president can only be removed through parliamentary impeachment.

“Any other person – ministers, councillors, and members of parliament – once there is evidence that they have committed a crime, they can be arrested and brought before the court to answer for their actions,” he says.

Lawyer Nicky Ngula also echoes Bangamwabo’s sentiments, saying nobody except the sitting president is immune to criminal prosecution.

“If there is credible evidence and the Anti-Corruption Commission and prosecutor general have evidence, they (chiefs) can be arrested but it’s for the law enforcers to bring credible evidence,” Ngula says.

ARREST OF ONDONGA CHIEF

Despite Nangolo saying a chief of Ondonga cannot be tried in court, former Ondonga chief Martin Nambala was arrested in 1967 for allegedly being guilty of various acts of misconduct.

At the time, chief Nambala reportedly accused his wife of poisoning him and he attempted to murder her, solicited money from his wife’s brother, and forced a certain man to marry a particular woman (when he had refused, he was punished).

He was also accused of sending people to kidnap children from the Olukonda Primary School to work in his home, and of forcing his indunas (traditional advisers) to pay him a yearly fee, levying inappropriate fines, and he was accused of torture and other unacceptable punishments.

After a police investigation into a torture case, Nambala allegedly armed his bodyguards. He was arrested on 20 March 1967 and it was considered to be in the public interest to banish him from the former Ovamboland.

Having won the trust of the Ndonga tribal authorities in the then Kavango region, Nambala’s order was withdrawn on 6 October 1972.

Chairperson of the Council of Traditional Authorities gaob Immanuel /Gaseb says every traditional authority has its own customary laws, and a traditional leader has to be tried through the traditional court in most cases.

“I cannot say a traditional leader can just be arrested. Even ministers are their subjects, they need to be respected.”

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