The title for this post arises from an unreported court case against the Government of Namibia in 2007. I'm referring to
CASE NO.: I 2852/05
Not a single newspaper ever mentioned this case, although it was of utmost importance to the people of Namibia.
Aren't our newspapers supposed to inform the people of important events concerning the nation? Apparently not. And specifically not when our human rights are involved and a state institution is at fault. That seems to be a tabu, a no-no subject.
The fact that this case went by unreported places a big question mark on the independence of our news media.
So why was this particular case so important for we the people?
The case was based on our constitutionally guaranteed, inherent human rights, which were violated by an institution of the State.
In his judgment acting judge Angula stated that:
“An arrested person has a right to be held in conditions which are not degrading. It is a violation of an arrested person’s constitutional right to be held in such horrendous conditions. It is plainly unconstitutional and unlawful. We all have accepted the Constitution as our Supreme Law. We are all parties to this sacred contract. As a judge, I am oath-bound to uphold the Constitution for the benefit of all who live in Namibia. It is of no consequence to me that those who are responsible for the upkeep of holding cells say that they have no resources to maintain the holding cells in a clean and hygienic condition in compliance with the dictates of the Constitution. It has been held by this court that a lack of financial resources should not be a factor to be taken into account by a court in enforcing the fundamental rights enshrined in the Constitution. The State is constitutionally bound to find and make resources available, failing which it will be held liable for violation of the person’s fundamental rights.”
Especially the last sentence of this statement is of far reaching significance for we the people. The state is not beyond our supreme law, as so many may think. The State is liable.
So why did this case stay unreported, if not to protect state institutions? Daily our news media report on court cases, but this one was not considered news worthy. Why?
Then we come to the verdict: plaintiffs case was dismissed on a technicality. In judge Angula's words:
"The particulars of claim therefore lacked the necessary averment to sustain the relief claimed. I am of the further view that had the plaintiffs' claims been properly pleaded, the circumstances of this case would have been appropriate as envisaged by sub-articles 25(4) of the Constitution to award monetary compensation arising from the unlawful violation of their right to human dignity. "
Is the public to be kept in the dark as to why a sure case like this one can be dismissed? Are we not supposed to know how to plead a case properly?
The questions I am asking here need to be considered by every Namibian who just accepts as truth what appears in our newspapers or other news media. It has been proven time and time again that Main Stream Media is controlled by the cabal, the 1%, who want to keep we the people stupid, preoccupied with banalities, so they can do what they want. If we let them get away with this by not fighting for our rights, we can in the end only blame ourselves.
CASE NO.: I 2852/05
Not a single newspaper ever mentioned this case, although it was of utmost importance to the people of Namibia.
Aren't our newspapers supposed to inform the people of important events concerning the nation? Apparently not. And specifically not when our human rights are involved and a state institution is at fault. That seems to be a tabu, a no-no subject.
The fact that this case went by unreported places a big question mark on the independence of our news media.
So why was this particular case so important for we the people?
The case was based on our constitutionally guaranteed, inherent human rights, which were violated by an institution of the State.
In his judgment acting judge Angula stated that:
“An arrested person has a right to be held in conditions which are not degrading. It is a violation of an arrested person’s constitutional right to be held in such horrendous conditions. It is plainly unconstitutional and unlawful. We all have accepted the Constitution as our Supreme Law. We are all parties to this sacred contract. As a judge, I am oath-bound to uphold the Constitution for the benefit of all who live in Namibia. It is of no consequence to me that those who are responsible for the upkeep of holding cells say that they have no resources to maintain the holding cells in a clean and hygienic condition in compliance with the dictates of the Constitution. It has been held by this court that a lack of financial resources should not be a factor to be taken into account by a court in enforcing the fundamental rights enshrined in the Constitution. The State is constitutionally bound to find and make resources available, failing which it will be held liable for violation of the person’s fundamental rights.”
Especially the last sentence of this statement is of far reaching significance for we the people. The state is not beyond our supreme law, as so many may think. The State is liable.
So why did this case stay unreported, if not to protect state institutions? Daily our news media report on court cases, but this one was not considered news worthy. Why?
Then we come to the verdict: plaintiffs case was dismissed on a technicality. In judge Angula's words:
"The particulars of claim therefore lacked the necessary averment to sustain the relief claimed. I am of the further view that had the plaintiffs' claims been properly pleaded, the circumstances of this case would have been appropriate as envisaged by sub-articles 25(4) of the Constitution to award monetary compensation arising from the unlawful violation of their right to human dignity. "
Is the public to be kept in the dark as to why a sure case like this one can be dismissed? Are we not supposed to know how to plead a case properly?
The questions I am asking here need to be considered by every Namibian who just accepts as truth what appears in our newspapers or other news media. It has been proven time and time again that Main Stream Media is controlled by the cabal, the 1%, who want to keep we the people stupid, preoccupied with banalities, so they can do what they want. If we let them get away with this by not fighting for our rights, we can in the end only blame ourselves.
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