Hertta-Maria Amutenja
Deputy finance and public enterprises minister Maureen Hinda is considering laying criminal charges against Affirmative Repositioning leader and presidential candidate Job Amupanda.
This comes after the High Court awarded her N$100 000 in a defamation case on Wednesday.
Judge Collin Parker ordered Amupanda to also pay Hinda’s legal costs, following defamatory comments he posted on Facebook and Twitter.
“I got the judgement for N$100 000 plus costs. That could easily reach about N$500 000 because the case was three years long. I could consider criminal charges if he does not stop. He is still making remarks on his profile. If he does not refrain from his arrogance, I can lay criminal charges,” he said.
In July 2021, Amupanda shared a photo on Facebook of an unidentified woman wearing jeans, a white T-shirt, and white-rimmed sunglasses, along with a caption that suggested the woman was Hinda.
Later, Amupanda modified the caption to read, “Looks like.”
Hinda alleged that both the photo and the accompanying words were defamatory.
She argued that the Facebook post wrongfully portrayed her as “a street girl ready to fight at a moment’s notice.”
Amupanda also made a Twitter post in January 2022, after Hinda filed her claim, implying she had initiated legal action because he rejected her romantic advances.
The court found the photo’s depiction of Hinda exposed her to ridicule and was, therefore, defamatory.
“The defendant has not established a defence of truth in the public interest or for public benefit. Reasonable or right-thinking persons of society would, in their estimation, find the picture to expose the plaintiff to ridicule, “said Parker.
However, the court dismissed Hinda’s claim that the specific words in the photo’s caption were defamatory.
Instead, the judgement focused on Amupanda’s tweet.
The court determined that Amupanda’s insinuation of Hinda’s vindictiveness due to rejected romantic advances was defamatory.
“The defendant’s tweet suggested that the plaintiff was a vindictive woman,” stated Parker.
Judge Parker concluded by rejecting Amupanda’s justification and fair comment defences, finding no substantial evidence to support his claims.
Amupanda responded to the verdict on social media.
In a Facebook post, he wrote, “My lawyer and I are still to obtain the full judgement of the Deputy Finance Minister of the Corrupt Party who demanded N$1 000 000 from me as a result of the WizWiz comment. Once we have fully read the judgement, the next steps will be determined.”
Amupanda, when approached for comment, acknowledged the judgement’s implications but maintained a stance.
“It is an interesting judgment. I accept that only 10% of claims were awarded, and 90% of the claims have been dismissed. My lawyers and I will consult on the claims that were awarded,” he said.