Brother and sister accused of incest released on bail

The Tsumeb siblings who have allegedly been in a sexual relationship for over two years were granted bail in an amount of N$500 each in December.

They were arrested in July.

Magistrate Ndatola Namushinga granted the accused bail with the condition that they do not contact each another.

During their bail application they indicated that she needed to be on the outside because she needed to apply to tertiary institutions for further studies.

Public prosecutor Mwaka Matengu has told the court that family members have agreed to take the sister to her parents at Ondangwa.

She will stay there until her next court appearance on 16 February.

Her brother will stay with his uncle at Tsumeb.

Matengu also told the court that the social worker’s report on the sister will be brought to court during their next appearance.
The two applied for legal aid, which they cancelled during their court appearance on 4 August.

They opted to defend themselves.

The two were arrested in July after the sister (21) reported her brother (36) in connection with assault to the Nomtsoub Police Station in July last year.

During police interrogation she allegedly revealed that they have been in a sexual relationship for the past two years.

Both arrested on charges of incest and the brother faces an additional assault charge.

Incest is a crime under common law in Namibia.

Lawyer Bernhard Tjatjara says incest is a common law crime against the community because it is contrary to good morals.

“The crime is purely of Roman-Dutch law origin. To decide on points of law relating to the crime, the courts would turn to Roman-Dutch law, which is the originating source of the modern Namibian law,” he says.

From the authorities’ perspective, he says the rationale for the existence of the crime is based on biological considerations to prevent the procreation of abnormal offspring through a close blood relationship of parents and the protection of certain moral considerations in the community.

“Since it is a common law offence, punishment is within the discretion of the court,” he says.

Tjatjara says anal or oral sex does not qualify as sexual intercourse for the purpose of this offence.

The case has drawn condemnation from prominent community members, including pastor Sky Arachab of the Hope Restoration Centre Church.

He says such relationships are not only socially condemned, but are also prohibited in religious texts.

“Leviticus 18 says no one should lay down with a person who is closely related or a family member,” he says.