Law firm joins ICC fray

A NAMIBIAN law firm has pledged N$20 000 to fight the case of former President Sam Nujoma and three others if a case lodged against them with the International Criminal Court materialises.

The law firm is holding the money in trust for “legal fees which may be necessary to resist misplaced steps …against our Founding Father and other heroes”. “We further call upon all patriotic Namibians and business personae to emulate our opposition to such efforts and to similarly pledge funds to oppose such blatant attempts to create instability in our peaceful and beloved country,” it says in a statement to be published in The Namibian tomorrow. The ICC has confirmed that it is weighing the merits of the NSHR submission to it.The NSHR wants to hold Nujoma, former Defence Minister Erkki Nghimtina, former Chief of Defence Lieutenant General Solomon ‘Jesus’ Hawala and NDF First Battalion Colonel Thomas Shuuya accountable for the disappearance of people under the care of Swapo. In their statement, Metcalfe Legal Practitioners said Namibia did not need the intervention of “foreigners”, such as the ICC, which had no inkling of local circumstances to solve its problems.”We have total confidence in our own judiciary and legal system should legal action be contemplated by any person who feels aggrieved and seeks justice in this democratic country,” the statement adds.It charged that the NSHR action was aimed at undermining the policy of national reconciliation.”To now attempt to undermine such policy could throw Namibian society into a malaise of counter-productive accusations which would bode evil for our continued development as a nation and the stability and peace of our beloved country,” the law firm said.According to Metcalfe Legal Practitioners, the NSHR move was misplaced and “nefarious”.It said Nujoma had gone of out his way to foster national reconciliation and that this had led to the country having a true national Namibian identity.”It was well within the grasp of the ruling party to investigate and prosecute its pre-1990 opponents when it assumed power.This was not done and we have not experienced the divisions witnessed in other countries which embarked upon such process,” the statement said.It was not clear what prompted the law firm to issue the statement.However, one legal source, who declined to be named, expressed scepticism about the move and expressed concern that it could be used as a marketing tool.Meanwhile, the NSHR yesterday called on former Bantu Affairs Commissioner Jan de Wet to reveal the identities and explain the circumstances under which more than 200 unidentified former Swapo fighters had disappeared without a trace after they had been poisoned with substances reportedly prepared by South Africa’s ‘Dr Death’, Wouter Basson.Their bodies were later dumped into the Atlantic Ocean from an aircraft.Earlier this week, De Wet was quoted as criticising the NSHR’s submission to the ICC, saying it would compromise national peace.The NSHR said it was “not at all surprised” that De Wet had come out strongly in defence of Nujoma.”Moreover, between 1997 and 2004 De Wet was honoured by Nujoma by being appointed as one of Nujoma’s advisors on economic affairs.However, De Wet’s fear of the NSHR’s ICC challenge is well founded,” the NSHR said.The human rights body said as Bantu Affairs Commissioner, De Wet was a “faithful apostle and symbol of the crime of apartheid” in Namibia before Independence.”Hence, we vigorously dismiss Jannie de Wet’s opportunistic utterances,” said NSHR executive director Phil ya Nangoloh.