NSHR

A security guard in the employ of G4S is accusing the Namibian Police of arbitrary deprivation of liberty. Mathew Munsu Malumbano (28), who spoke through his brother, told NSHR that he was arrested on June 1 2010 on “baseless” suspicion of being an accomplice in what was some media have described as hitherto Namibia’s largest cash-in-transit heist. The incident occurred some 2 kilometers outside Karibib along the road leading to Omaruru.

The two men were transporting the money to Standard Bank and First National Bank (FNB) branches at Karibib, Usakos, Arandis, Swakopmund and Walvis Bay. Malumbano freed himself from the LDV and walked to the tarred road (the B2 motorway) where Namibian Defense soldiers rescued him and took him to the Karibib Police precinct.

Malumbano claimed that during the incident the linchpin of the heist, Simson Matias(28), who is also a G4S security guard, last Tuesday blindfolded him (Malumbano) at gunpoint and handcuffed him, stuck cello tape over his mouth and nose, locked him up in a container of a Toyota mini-LDV and left him for dead presumably by suffocation. Matias then fled the scene with the cash. According to media reports, Matias fled with an amount of close to N$6.5 million.

Malumbano also told NSHR that on around May 18 2009, he played the decisive role in foiling what could have been Namibia’s largest cash heist of N$24 million when he timely intervened and this led to the arrest of three suspects some of them also G4S guards who attempted to rob the security company. Augustinus Ramos Balzer (41), Charlie Swart (52), and Christiaan Mukoko (36) were arrested and had first appeared before Windhoek Magistrate Muchali Jermaine Muchali on charges of robbery on May 27 2010. This incident occurred at or near the premises of G4S premises situated in 14 Herman (Andimba) Toivo ya Toivo Street in Windhoek’s Southern Industrial Area.

Malumbano told NSHR—and NSHR concurred---that in terms of Article 11(1), read in conjunction with Article 7, of the Namibian Cunstitution, “no person shall be subject to arbitrary arrest or detention”, while Article 11(3) of the Constitution requires that all persons—except illegal immigrants—shall be brought before the nearest Magistrate or other judicial officer within a period of 48 hours or soon thereafter.

“However, until today, I have not yet been brought before a Magistrate or other judicial officer since I was taken into Police custody last Tuesday (i.e. June 1 2010)”, said Malumbano.

In light of the above allegations by Malumbano and whether or not he is guilty of any felony, NSHR calls upon the Namibian Police to immediately release Malumbano from their unlawful custody, as his case is materially similar to that of State v Mbapaha 1991(4) NR 274 (HC) (see attached by fax only). As such, he cannot be held lawfully and or lawfully be brought to a court of law.

In case of additional comment, please call Steven Mvula or Phil ya Nangoloh at Tel: (+264 61) 253 447 / 236 183) or Mobile: +264 811 406 888 (office hours) or +264 8129 12948 (Steven) or +264 811 299 886 (Phil) or E-mail: nshr@nshr.org.na