Herrta- Maria Amutenya
The High Court of Namibia dismissed a civil case brought by a former employee of Mobile Telecommunications Limited (MTC) against 14 respondents.
Joseph Nakalemo filed the case on 26 May 2023.
The case involved allegations of conspiracy, criminal charges, and claims of corruption and misconduct against the respondents.
Nakalemo in his 81-page heads of argument named various respondents, including two MTC employees, Tim Ekandjo and Maria Kavari.
He also named two legal practitioners, Florian Beukes and Jefta Tjitemisa, the police Inspector General, Lieutenant General Joseph Shikong, Nampol Investigation Officer David Shavuka, the Ministry of Home Affairs, Immigration, Safety, and Security, the New Era publication, New Era managing editor Johnathan Beukes, Alexander Forbes Holding Namibia Pension Fund and its CEO Stefan du Preez, NAMFISA CEO Kennedy Matomola, NAMFISA complaint analyst Imba Petrus, and the secretary of the legal practitioners disciplinary committee, Amber Coerecius.
In their private capacities, Ekandjo and Kavari faced lawsuits for allegedly conspiring with the Namibian Police to secretly register criminal cases against Nakalemo.
Court documents indicate that Nakalemo is the subject of a criminal case with registration number CR/462/05/2019.
Several other criminal cases were also registered as CR/33/11/2020, CR/17/04/2021, and CR/227/02/2024.
Based on these criminal cases, Nakalemo requested security and protection from the police.
Alexander Forbes is being sued for allegedly stealing around N$150 000 from Nakalemo’s pension.
Beukes and Tjitemisa are being sued for misleading the tribunal at MTC and for contravening the MTC disciplinary policy and procedures that prohibit external people from either presiding over or representing anyone during the internal disciplinary hearing.
New Era Newspaper is being sued for allegedly being used by Ekandjo to assassinate Nakalemo’s character in a news article and failing to delete the article.
Court documents show several criminal cases registered against Nakalemo, which he claimed were part of a broader conspiracy involving corruption totalling N$1.29 billion at MTC, a case registered with the Anti-Corruption Commission (ACC) in 2020.
The judgement was handed down on 30 July.
Despite being eligible for legal aid, Nakalemo represented himself for most of the case.
He alleges that MTC made it difficult for him to secure legal representation.
A team of lawyers, including Sisa Namandje, Florian Beukes via Robert Avilla, Apollos Shimakeleni, Saima Nambinga, and Dr. Hoveka Kauta, represented the respondents.
Court documents revealed numerous points in limine, or legal technicalities, raised by both parties.
The respondents argued that the reliefs sought were incompetent and unquantified, contravening the Justice of Peace Act.
Nakalemo, on the other hand, argued that the respondents violated High Court rules by submitting their objections late and without any application for condonation.
The case was initially assigned to Judge Hannelie Prinsloo, was later transferred to Judge George Coleman, and finally to Judge Kobus Miller, who delivered the judgement.
Judge Miller dismissed the case, citing that it should have been brought as an “action motion” instead of an “application motion.” Additionally, the founding affidavit did not meet the requirements set out in the Justice of Peace Act.
In return, Ekandjo has filed a defamation lawsuit against Nakalemo.
Ekandjo alleges that Nakalemo defamed him by labelling him as an assassin, corrupt, a thief, and unworthy of holding a public or senior managerial position.
According to court documents, Ekandjo claims that Nakalemo circulated these statements on social media and WhatsApp groups, damaging his reputation and dignity.
“The statements and suggestions were understood by the addressees and readers and were intended by the defendant to mean that the plaintiff is dishonest, corrupt, an assassin, a person not worthy of holding a public or managerial position and that he was a person of low moral scruples,” read the document.
Ekandjo is seeking N$250 000 in damages.
