Hertta-Maria Amutenja
Retired Namibian Defence Forces (NDF) member, Major General, Thomas Ngilifavali Hamunyela has won his unlawful arrest and detention court case against the Namibian Police.
The case was presided over by High Court Judge, Esi Schimming-Chase, who decided in favour of Hamunyela and ordered the Ministry of Home Affairs, Immigration, Safety, and Security to pay N$ 219 630 in compensation.
The court’s decision dismissed any justifiable explanations for Hamunyela’s wrongful incarceration, emphasising that his arrest was not lawful, reasonable, or essential.
The police were held liable by the court for their behaviour.
Schimming-Chase directed that N$50 000 be paid for the unlawful arrest, N$40,000 be given for extra three-day imprisonment in a holding cell at Rundu police station in January 2021, and N$129 630 be paid for both claims and legal fees.
This is despite the fact that the state highlighted that Hamunyela is only entitled to N$ 60 000.
“The court accepts the plaintiff’s arrest and subsequent detention as unlawful,” said Schimming-Chase.
Hamunyela was suing for N$420 000 for wrongful arrest, as well as legal fees.
During the delivery of the verdict, the judge stated that in determining the judgement, the court should keep in mind that the fundamental aim of the judgement is not to enrich the aggrieved party, but to provide him with much needed solace for his damaged sentiments.
“The award for the infractions must reflect the importance of the right to personal liberty and dignity, as well as the gravity of any arbitrary deprivation of personal liberty, have regard to previous decided cases as a guide, have regard to the victim’s personal circumstances, the nature, extent, and affront to his dignity made sense of self-worth,” she said.
Hamunyela filed a legal complaint in March 2021 following his detention on January 12, 2021.
The 64-year-old Hamunyela was detained at his property in the Kavango West district and charged with stock theft after he was accused of stealing three oxen and two cows worth N$20 000.
He appeared in Rundu Magistrate Court before acting magistrate Rufinus Hikerua and prosecutor Hilia Munzenze and was granted a N$ 5 000 bail.
In addition, the Minister of Safety and Security, Albert Kawana, attempted to drag former Inspector General Sebastian Ndeitunga into the Hamunyela litigation, which was dismissed in the High Court in April of this year.
Hamunyela is not a stranger to the Rundu Magistrate’s Court, in 2016, he appeared in court on fraud and corruption charges.
He was accused of having used a Namibia Defence Forces (NDF) vehicle to transport building materials to his homestead while also using NDF properties that include a water bowser and trailer in the construction of his residence.
