Hertta-Maria Amutenja
The Windhoek City Police have addressed the issue of public indecency following a recent incident involving a young woman.
The incident, captured in a video seen by this publication, shows a city police officer instructing the woman, dressed in shorts, a crop top, and a jacket, to return home and change into more appropriate clothing.
“You are done dressing like that, or maybe you forgot to cover up properly. From here you are going back home to cover this body. This is public indecency, and it is a by-law offence,” said the officer before threatened to fine the young lady. City police spokesperson Marcelline Murapo clarified the legal grounds for the officer’s actions.
She cited the Combating Immoral Practices Act, which prohibits acts of an indecent nature.
“Any person who wilfully and openly exhibits himself in an indecent dress or manner at any door or window or within view of any public street or public place to which the public has access shall be guilty of an offence and liable on conviction to a fine not exceeding N$2 000 or imprisonment for a period not exceeding two years, or to both such fine and such imprisonment,” said Murapo.
Murapo explained that the Criminal Procedure Act gives municipal police officers the authority to enforce the law.
“Section 334 of the Act allows officers to enforce municipal by-laws and regulations, which include maintaining public decency,” she said.
Addressing the criteria used by officers to determine public indecency, Murapo stated that it is based on whether a reasonable person would consider the attire inappropriate.
“The member may also use common sense just by looking at the person, as long as it is in line with the applicable laws,” she said.
In 2013, former Police Inspector General Sebastian Ndeitunga threatened to arrest any woman found wearing short and revealing clothes.
This led to public outcry and demonstrations by a group calling themselves ‘Namibians Against Mini-Skirt Banning’.
Ndeitunga later said that he had been misquoted. Ndeitunga dismissed media reports that had caused public outrage over his alleged threat to arrest women in “short and revealing” mini-skirts.
Last year, Popular Democratic Movement (PDM) chief whip Elma Dienda said, “Wearing miniskirts is not a crime.”
She also urged people to change their mindset of linking miniskirts with rape.
