Human Rights Watch Raises Concerns Over Reinstated Criminal Proceedings in Significant Case

The Directorof theAfrican Labour& Human Right Centre, MrAugust Maletsky,inarecentletteraddressedtotheOfficeoftheProsecutor-GeneralinWindhoek,hasvoiceddeepconcernoverthereinstitutionofcriminalproceedingsina ten-year-old case pending in the Magistrate's Court of Walvis Bay, involving Granville Liuwellen Noble and Grant Brandon Noble in Case Number WVBCRM-1099/2014.

TheAfrican Labour & Human Rights Centre, an organisation dedicated to safeguarding fundamentalhumanrightsinNamibiaasoutlinedin Chapter 3 of the Namibian Constitution, has formally requested the withdrawal and permanent stay of prosecution for the accused persons. The letter, dated 25 July 2023 and addressedtoMrsMarthaImalwa,urgestheProse-cutorGeneraltomakethedecisiononorbeforeFriday, 29September2023.

At the core of Mr Maletsky's concerns is the assertion that reinitiating criminal proceedings, nearlyadecadeaftertheirinitialwithdrawal,may potentiallyviolatetheaccusedpersons'rightstoa fairtrialasenshrinedintheConstitution.African Labour&HumanRightsCentrepointsoutthatthe discretion to decide whether to proceed with a prosecution or withdraw it is a fundamental function exercised by the Prosecutor-General. This function must align with constitutional provisions, and any action taken in contradiction totheseprovisionsisdeemedinvalid.

The letter references Article 18 of the Constitution, which mandates all administrative bodies and officials to act fairly, reasonably, and in accordance with common law and/or statute. It also affirms that persons aggrieved by administrativeactsanddecisionshavetherightto seekredressfromthecourtsoratribunal. Furthermore,theorganisationhighlightstheprinciple "justice delayed is justice denied," expressing that no new evidence justifying the nearly ten-year delay has been presented Regardless of the presence of new evidence, the organisation contends that proceeding with the prosecution without addressing the potential violation of the accused persons' constitutional rightswouldbeunacceptable.

Theorganisation,intheletter,appealstotheoffice of the Prosecutor-General to review the reinitiation of the prosecution and withdraw the proceedings without further delay by the stipulateddeadline.Shouldtheirrequestnotbemet,the organisation asserts its intention to approach the High Court of Namibia as Amicus Curiae, or "Friends of the Court," to seek a review and possible overturning of the decision to reinstate theprosecutioninthecase.