Former deputy minister of home affairs, immigration, safety and security, Daniel Kashikola, was allegedly unlawfully released from police custody after being arrested in connection with drunken driving in 2019.
Kashikola was arrested on 14 December 2019 along Eveline Street in Windhoek’s Wanaheda suburb.
In filed a sworn statement dated 9 October this year, filed at the Oshakati Police Station by sergeant Gerhard Tshimwefeleni of the police’s Alpha Unit at Oshakati, the officer says Kashikola was “expected to follow the due process of the law” by either paying bail in an amount of N$8 000 or remaining in police custody.
Tshimwefeleni says instead of paying the bail amount, Kashikola was “unlawfully released” and taken home by police officers, only returning the next day, 15 December 2019, to settle the bail amount.
“At that time, the law stipulated that every person caught for drunken driving should bail themselves out with N$8 000 or remain in the cells.
He was not allowed by law to be released without first having paid the amount,” Tshimwefeleni’s affidavit reads.
He says he called for a police investigation and prosecution into the matter, adding that he opposed any bail for the suspect, citing concerns that Kashikola “might interfere with the investigation”.
WHY NOW?
Asked yesterday why he is filing a statement almost six years after the incident, Tshimwefeleni said a police officer is entitled to open a case on behalf of the state after confirming that no case has been opened.
He said he was charged departmentally after he, among others, publicly criticised the police for releasing Kashikola hours after his arrest.
“I said that was a wrong act by releasing him first before paying bail.
I was not found guilty on that specific count. For anyone to tell the police officers to release the minister because he was travelling abroad the next day, that information must have come from senior police officers.
The instruction that he should be released came from above,” he said.
Kashikola, however, yesterday said Tshimwefeleni should “check his facts”.
“He needs to go and check his facts properly, and all the records are at the Wanaheda Police Station, so he can verify his facts. That’s all I have to say,” he said.
Kashikola was quoted in Namibian Sun in 2021 saying that his drunken driving case was thrown out due to a lack of evidence.
“When people are insinuating things, it is better not to respond. That case is fake, that is why it was thrown out. I shall not entertain any rumour or insinuations or anything,” Kashikola said.
The former deputy minister was arrested after he allegedly hit a private vehicle with a black government Mercedes Benz registration number ‘GRN 46’, which he was driving.
The Namibian reported in 2021 that Tshimwefeleni was discharged from his job in 2020 for criticising the Namibian Police on an Eagle FM talk show. He challenged his expulsion and was later reinstated.
Tshimwefeleni allegedly castigated the police for fining ordinary people when they violate Covid-19 regulations, while the political elite “flagrantly breach Covid-19 regulations without repercussions”.
He was referring to Swapo’s 60th birthday celebration, where Covid-19 regulations were allegedly not adhered to.
The event was attended by former president Hifikepunye Pohamba, former president Hage Geingob, Swapo secretary general Sophia Shaningwa and then vice president Netumbo Nandi-Ndaitwah.
The celebration was broadcast on the Namibian Broadcasting Corporation’s television and radio stations.
Tshimwefeleni was charged for violating regulation 15 of the Police Act of 1990, which states that members of the police are guilty of misconduct if he or she causes them any embarrassment.
Oshana head of criminal investigations deputy commissioner Frederick Ndjadila yesterday confirmed that Tshimwefeleni has opened a case against the state for unlawfully releasing a person from custody.
“Yes, a case was opened on Friday, and since the incident occurred in the Khomas region, we are preparing to transfer it to Windhoek,” he said.
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