Thursday, 3 April 2014

Reiterdenkmal Namibia: no court action after "hate" speech


Three German groups that had boldly sworn to pull down any monument erected at the site where the Reiterdenkmal was removed, and to drag government to court for its removal, have reversed their decision, their lawyer announced in a statement yesterday.
The groups, the Kriegsgräberfürsorge, the Traditionsverband ehemaliger Schutz-und Überseetruppen and the Memorable Order of Tinheads, wrote to the Ministry of Works and Transport on 21 February 2014 threatening a legal fight to ensure that the Reiterdenkmal is re-erected at its original place.

The group backed their argument by quoting the National Heritage Act of 2004 that says no person may remove, demolish, damage or despoil a declared monument and that any person who does so commits an offence and is liable to a fine not exceeding N$100 000,00 or to imprisonment not exceeding five years or to both.

The group’s lawyer Andreas Vaatz yesterday said the decision not to proceed with legal action came after hearing President Hifikepunye Pohamba’s “hate speech” last month during the unveiling of the new monuments on the eve of Independence Day.

“It is only when we heard the President’s hate speech on the day of the unveiling of the newly erected monuments and the statements made by his Minister Jerry Ekandjo, both of whom appeared to support and condone the illegal actions, that it appeared to us that the rule of law previously prevailing in Namibia and adherence to and the respect of the Constitution has been thrown overboard, and has now been replaced by an arbitrary rule based on emotions where any government official can take decisions as they please,” Vaatz said in the statement.

He went on to say the fact that Pohamba supported an illegal act in his speech has crushed their hope in government’s ability to adhere to any court order that might result from their application. “This in turn has made us decide that it will not bring meaningful results to proceed to court in this matter,” he said.

However, Vaatz still maintained that like any other national historic monument, the Reiterdenkmal deserves a place in the country’s history.

“We hope that the equestrian monument will not be misused for political opportunism, or for exclusive ethnic or tribal gain. This may result in the equestrian monument, becoming the Trojan horse of the Namibian people. This might then be the beginning of the end of reconciliation, peace and stability in this country. As part of true reconciliation and nation building, this has to be avoided at all costs,” he said.

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