Fishrot accused face move to communal cells

The Namibian Correctional Service (NCS) is again seeking to move the Fishrot accused to communal cells at the Windhoek Correctional Facility despite a recent High Court ruling.

James Hatuikulipi, Mike Nghipunya, Otneel Shuudifonya and Pius Mwatelulo may now be moving from single cells, known as the C Section, to communal cells at Windhoek Correctional Facility’s Echo Unit.

The Echo Unit accommodates up to 100 inmates at a time.

The proposed move comes despite a recent High Court ruling that set aside a similar decision, following the three accused challenging their transfer.

In a judgement delivered last week, High Court judge Orben Sibeya ruled that prison authorities acted unfairly because they did not give the accused a chance to be heard or provide reasons before deciding to move them.

Following that judgement, the NCS issued a letter on 20 February, giving notice of an intended relocation and inviting the accused to submit written objections before any final decision is made.

The letter, which The Namibian has seen, is titled ‘Notice of Intended Relocation from C Section Single Cells to Echo Section Pursuant to Section 64 of the Correctional Service Act of 2012’.

“The contemplated decision is to direct that you be relocated from the C-Section single cells to the Echo Section under the conditions that you will continue to be accommodated in C Section during daytime hours, during which period you will retain uninterrupted access to all trial-preparation facilities, including tables, chairs, electrical points, permitted internet connectivity, and your legal documentation, including the disclosed docket,” the letter says.

According to the letter, commissioner general Raphael Hamunyela says the proposed relocation is based on security and operational concerns.

“Keeping several high-profile awaiting-trial inmates overnight in C Section single cells creates predictable movement patterns and increases the risk of unauthorised communication, collusion, and external security threats,” he says.

Hamunyela says using C Section for overnight accommodation places strain on staffing and security protocols, because the section is mainly meant for daytime trial-preparation activities.

Under the proposed arrangement, the accused would continue using C Section during the day for trial preparation, but would sleep in the Echo Section at night.

In response, the accused sent a cease-and-desist letter to the officer in charge, deputy commissioner Oscar Numwa, dated 20 February, accusing the prison authorities of trying to side-step the recent High Court ruling.

According to the accused, the new ‘Notice of Intended Relocation’ is a disguised attempt to implement the same relocation the court has already declared unlawful.

They also claim prison officials initially refused to implement the court order, questioned its authenticity, and only complied after pressure.

The accused say issuing a fresh relocation notice days after the judgement amounts to constructive contempt of court and is an attempt to deprive them of proper trial-preparation facilities, including overnight access to their single cells, laptops and legal documents.

In their letter, they warn that if the relocation process is not withdrawn, they will urgently return to the High Court for relief and may seek a costs order against prison officials in their personal capacity.

Questions sent to Hamunyela were not responded to by the time of print.

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