Debate on the Public Gatherings Bill ensued in the National Assembly, with some MPs voicing concerns that its provisions echo the oppressive restrictions of the apartheid era, where public assembly and the right to protest were stifled.
The bill prohibits the holding of public demonstrations in identified restricted areas.
These are court buildings, parliament, the State House, airports, embassies, and other national key points. Demonstrations at foreign missions, military buildings, correctional service buildings, as well as the central intelligence service are also no-go areas.
According to the provisions of the bill, its objective is to facilitate and protect the exercise of the rights and freedoms guaranteed in the Constitution and to take measures to maintain public health, public order, and public safety.
However, MPs, such as PDM's Nico Smit, argued that the introduction of the Public Gatherings Bill is not a mere coincidence but rather a deliberate attempt to curtail the growing public dissent and inhibit the democratic right to peacefully assemble and advocate for change.
"Article 21 of the Namibian Constitution currently guarantees rights to speech, expression, peaceful assembly, and association, forming the bedrock of democratic society. While these rights can be reasonably restricted to protect national security and public order, the bill's sweeping limitations risk a return to an era of repression that many believed was left behind."
Restrictions in the bill are permissible under Article 21, which allows for reasonable limitations on rights to protect national interests and allows police officers to use reasonable force to maintain law and order at public gatherings.
Smit, however, argued that there is a fine line between safeguarding public order and infringing upon the rights of citizens and gives reason for police brutality, as officers may disproportionately apply force, justifying their actions under the term of reasonable force.
"Section 3 of the Bill introduces a cumbersome and burdensome set of administrative procedures that will significantly hinder the right to assemble peacefully. The requirement for organisers to give five days' notice before a public gathering or procession and the need to follow a strict set of conditions, such as notifying specific police authorities and adhering to rigid timeframes, impose unnecessary hurdles on the exercise of this fundamental right."
The Minister of Labour, Utoni Nujoma, however, countered, arguing that the use of reasonable force is essential for maintaining order. He maintained that even big democracies such as the US and Germany have such provisions in the law.
"Unless you are someone who wants chaos and destabilisation, what is wrong with seeking approval from the Inspector General of the police? It has nothing to do with politics."
PDM's Elma Dienda said it is important to clearly specify areas that are off-limits for demonstrations and gatherings.
"If you apply for a gathering, how will you know that this is a restricted area if that information is not communicated before you? So you will apply just to be told it's a restricted area, so where and how will restricted areas be defined?"
Deliberations on the bill were postponed to next week.