Role of the police at election time

Elvis Muraranganda of the Civil Society Elections Coalition (CSEC) writes:

The formation of the Rally for Democracy and Progress has heightened the role of the police in elections. So much so that the Namibian Police have taken a proactive role by holding meetings with party leaders to prevent election violence rather than waiting for incidents to happen.

Over the past two years, violent clashes in several parts of the country have occurred between RDP and Swapo supporters. RDP has accused Swapo of disrupting their gatherings, assault and political intimidation.

Swapo, especially its leaders, say RDP has provoked them. The police are often caught in the middle. Policing harassment and intimidation is challenging because some of the actions may not easily be classified as crime in the classic sense, on the one hand.

The police are, accused of being too harsh on alleged perpetrators, as Swapo leaders have complained when officers swoop on their supporters. On the other hand, opposition parties say the police are being toothless or biased by not vigorously pursuing Swapo supporters who assault them and disrupt gatherings.

But the involvement of law enforcement officers in elections cannot be overemphasised or undermined. Left to their own devices political parties can cause mayhem if they were to clash.

The Namibian Police together with the office of the governor of Khomas region and co-ordinators of political parties held a workshop to create strategies and guidelines for campaigns leading up to the 2009 elections.

The Chief of the Namibian Police, Inspector General Sebastian Ndeitunga, initiated the 23 July 2009 workshop. It was attended by the Congress of Democrats (CoD), Namibia Democratic Movement for Change (NDMC), RDP, Swanu and Swapo.

The Namibian newspaper reported that the commander of the Namibian Police in the Khomas region, Commissioner Samuel Hoebeb, said at the workshop: “As Namibians we have to avoid situations where police officers policing intended public gatherings are armed with assault rifles, gas masks, bullet proof vests and batons as if Namibia is at war.”

Despite several public clashes, no statistics seem available about election crimes. Chief Inspector Angula Amulungu said during the past elections there were no cases of elections violence, intimidation, threat to human lives, damage to individual property and aggravating circumstances reported.

“We didn’t have problems with earlier elections. It’s only now that the RDP came into existence, and even cases reported now are not criminal but are violations of the code of conduct for political parties,” he said.

When CoD was formed 10 years ago, incidents of violence and intimidation blamed on Swapo members were reported. But Amulungu appeared convinced no criminal complaints have reached the forces.

“Even at the meeting we had with political parties, they [political parties], asked the Director of Elections [Moses Ndjarakana], whether the code of conduct has teeth and he said it’s up to the political parties to make the code of conduct work.”

Though Amulungu could not point to any politically-related criminal charges, Fair Vote pieced together the following cases that were reported to the Namibian Police:

1. The police’s Head of Public Relations Division, Deputy Commissioner Hophni Hamufungu confirmed in a press statement on 25 November 2008 that criminal charges had been laid after the 22 November 2008 Outapi incident in the Omusati region where a mob of Swapo supporters attacked RDP members and prevented them from holding a rally. “This violent incident led to injuries to persons and damage to properties. As a result, 10 cases of assault with intent to cause grievous bodily harm (GBH) and four of malicious damage to property were registered and are being investigated. Even three police officers were assaulted and a police vehicle was damaged,” Hamufungu said in the statement.

2. Sam Hamunyela of the RDP laid a charge of attempted murder against a Swapo member at the Ondangwa police station after he was attacked and held at gunpoint at Onyaanya village in the Oshikoto region. The incident happened on 8 February 2009 and Hamunyela laid the next day a formal complaint. Fair Vote could not obtain an update on the progress of police investigations into these cases. The lack of progress in similar cases only offers ammunition to those sceptical of the police’s readiness to deal with political violence, especially during elections.

Natji Tjirera of the Congress of Democrats (CoD) complained that the “police would show up after an incident was reported to do more of a negotiating role”. Tjirera said the law was very vague on what should be classified as intimidation and therefore the police played a neutral role.

“We had a case in 2004 in Tsumeb where our materials were torn. We reported the incident to the police and they had a lukewarm stance on it, and didn’t do much.” He blamed the powerlessness of the Electoral Commission of Namibia’s Code of Conduct for political parties is the cause of the police’s lenience in the cases.

“There are loopholes in the law in these cases and even the code of conduct for political parties itself is not a legal document, and this makes everything very difficult,” said Tjirera.

Deputy Commissioner Hamufungu said: “It is difficult to determine which case qualifies to be called a criminal case. Some of these cases are long standing differences between the people and there is no proof of physical assaults.”

Hamufungu also shot down allegations that the police were biased and partisan saying, “I have never received any complaint from any political party alleging that the police are not fair.”

All Peoples Party (APP) President Ignatius Shixwameni told Fair Vote, that he has confidence in the police, adding that they are able to do their job effectively, “as there is great commitment on the side of the police”.

Shixwameni listed the “lack of resources” and unruly behaviour of politicians and political activists as factors “complicating” the job of the police. “We politicians have to behave in such a way that the police won’t have to come and observe our rallies and meetings but devote their time to much urgent needs.”

Shixwameni said that APP only had one incident that was serious when, in 2008, while holding a meeting in the Samora Machel constituency, a group led by the councillor of that constituency, John ya Otto Nankudhu, disrupted the meeting because that was “Swapo territory”. The police was called in. The meeting was postponed.

While at the Congress of Democrats (CoD), Shixwameni recalled how a meeting at the Meduletu Community hall in Swakopmund in 1999 was disrupted by “unruly” Swapo supporters.

“They surrounded the hall, sang Swapo songs and shouted derogatory statements. We had to call in the police to come and escort us out of the hall. The police parked their van with the back closer to the hall entrance and we had to get on the van fearing for our lives.”

Due to fear of violence the police tried to limit party activities, especially house to house campaigns. But political parties were united in their opposition to the attempt to stop door-to-door campaigning.

“The remarks by the chief of the Namibian Police, were unconstitutional,” Salomon David Isaacs, president of the Democratic Party of Namibia, summed it up. He said that the police chief was “undermining our democracy”.

Martin Lukato Lukato of the National Democratic Party of Namibia claimed: “The police are not 100 per cent effective in executing their tasks and mandate, because there are Angolan nationals who are illegally entering our country to come and partake in our elections, and the Namibian Police is silent on the matter.”

Lukato claims that ballot boxes had been carried across the border from Angola, where “secret voting” by Angolans took place. He did not give any evidence for the allegations. Also speaking to Fair Vote, RDP’s Deputy Secretary for Economics and Planning Nicanor Ndjoze, said the police were only partially effective.

Ndjoze said what needs to change is the “tone of the police commanders and the Ministry of Safety and Security towards political crime. They need to show more seriousness. Our institutions are also becoming politicised.”

Amulungu, the police spokesperson, reaffirmed the readiness of the Namibian Police to uphold and maintain law and order. “When we spoke to the political parties against the door-to-door campaigns, it was for security measures and the political parties chose to go their own way,” said Amulungu.

But he said the stance of parties will not make the police shy away from enforcing law and order.

The number of political parties that have taken part in National Assembly elections since independence:
1989: Constituent Assembly elections (first multiracial, multi-ethnic elections) – 10 parties. The Constituent Assembly, which wrote and adopted Namibia’s constitution, was converted into the first National Assembly.
1994: National Assembly elections - 8 parties. 1999: National Assembly elections - 8 parties.
2004: National Assembly elections - 9 parties. 2009: Parties expected to take part - 13 parties.

The National Assembly consists of 72 elected members derived from a proportional representation [party list] system. The elections are done by general, direct and secret ballot but candidates are chosen by their political parties.

The President appoints six extra members for their special expertise, status, skill or experience. They do not have voting rights.