Hertta-Maria Amutenja
In a recent ruling, the Windhoek High Court rejected the N$7.5 million civil suit filed by Zelna Hengari, the former Managing Director of Namibia Wildlife Resorts (NWR).
Hengari was seeking damages for reputational harm.
Following a series of hearings between September 2021 and August 2023, High Court Judge Boas Usiku ruled in favour of NWR.
Usiku concluded that the central claim made in the press release, regarding Hengari’s unauthorised agreement, was substantially true.
Hengari, who served as the Managing Director of NWR from July 2014 until July 2019, initiated legal proceedings against the public company, alleging defamation.
The crux of her claim revolved around a press release issued by NWR on 5 April 2019.
The release contended that Hengari had unilaterally entered into a Joint Venture Agreement with Sun Karros Lifestyle Safaris (Pty) Ltd without the necessary approvals.
Hengari asserted that the statements in the press release were defamatory and damaging to her professional reputation.
She sought N$7.5 million in damages, a public apology and legal costs from NWR.
The former MD argued that she had the authority to finalise the joint venture, referencing a board resolution from 22nd February 2016.
However, NWR countered Hengari’s claims by maintaining that the press release’s contents were true and published in the public interest.
The defence argued that the gist of the statement, asserting that Hengari concluded the Joint Venture Agreement without proper authorisation, was substantially accurate.
They argued that NWR’s obligation to inform the public about the cancellation of the agreement justified the release.
“The gist of the press release was found to be substantially true and its publication was for public benefit. The fact that the plaintiff did not inform the defendant that the joint venture agreement was approved by the previous board of directors of the defendant found not to preclude the defendant’s reliance on the defence of truth and public benefit,” Judge Usiku ruled.
The judge has also ordered Hengari to cover the legal costs incurred by NWR.
