Friday 2 May 2014

Enforce Your Right in Court #2 - a Namibian view

If you have listened to the video in my previous article and have some experience of court proceedings in Namibia, you may argue that the suggestions in it cannot be applied by Namibians.

Sure, there are some things that are handled a bit differently here and of course we cannot refer to the American constitution, but must stick to our own Namibian Constitution and get to know how things are done locally. If we do not know our constitutional rights, the officials have an easy time to intimidate and overrun us. How can we enforce our rights if we don't know them? 

It seems to me that everything in the video is happening during the arraignment hearing, the purpose of which is to publicly inform you about the charges against you and find out how you intend to react. In Namibia this hearing is very brief. It serves only to inform you about why you were put in custody and how much bail you have to pay to get out of jail quickly. From what I heard from prison inmates, that hearing isn't the one mentioned in the video. Yet already at that very first appearance before court you have to be very attentive to what is said and be careful to portray yourself as a sovereign man/woman of Namibia. 

Even if they force you to appear in court as a "beggar", unwashed, unkempt, unshaven and in dirty clothes, you are a sovereign, innocent until proven guilty. They purposely intimidate and degrade you in public to try and prove themselves right. If you know what is written in Article 8,10,11 +12 of our Constitution, that knowledge alone transforms you to kingship and reveals them as traitors and criminals. So act like a king, portray your sovereignty. A king doesn't argue with his vassals, a king keeps his calm, always stays cool and aloof.    

So now the Bail. The main purpose of bail is to ensure the defendant will appear in court for trial. Some lawyers in Namibia, however, reckon that paying bail is an admission of guilt and a case can't be withdrawn once bail is paid. So it's up to us to decide what to do. 

Back to the video: it then follows that those steps given there would pertain to the trial stage of a case in Namibia. There the defendant officially gets the first chance to open his mouth in his own defense, if he/she so wishes. Article 12 (1) (d) and (e) gives us the right to defend ourselves and the option to use a legal practitioner of our choice for that end. So don't think you have to use a lawyer.  

The main point you must get into your head is to NEVER let your emotions get in your way in court. If you know you can't control yourself, a lawyer may be the only option you have, but by using one you give away your right and your sovereignty and become a slave again. 



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