Staff Writer
The High Court has reserved judgment in a N$1.6 million civil lawsuit brought by an inmate who alleges he was assaulted by members of the Namibian Police Force (NamPol), the Namibian Defence Force (NDF), and anti-poaching officers following his arrest near Otavi in 2023.
Justice Marelize Du Plessis on Wednesday postponed the matter to 23 July 2026, when judgment is expected to be delivered after hearing submissions from both parties.
Petrus Kelvin Dinisi, who alleges he was assaulted by members of NamPol, the NDF, and anti-poaching officers, has instituted legal action against the Minister of Home Affairs, Immigration, Safety and Security; the Inspector General of NamPol; several named and unnamed police officers attached to the Otavi Police Station; two unnamed NDF anti-poaching members; two unknown anti-poaching security officers; and the Minister of Defence and Veterans Affairs.
According to Dinisi, the incident occurred during the early hours of 29 April 2023 along the Queen Sofia gravel road between Otavi and Outjo.
He alleges that while travelling by vehicle, he and other occupants were stopped at a roadblock where members of the security forces requested his driver’s licence before ordering everyone out of the vehicle.
Court documents state that officers searched both the occupants and the vehicle before allegedly discovering drugs on the back seat. Dinisi claims that after he admitted ownership of the drugs, he was assaulted by NDF members and anti-poaching officers.
He alleges that the officers handcuffed him, kicked him to the ground, poured water over his body, and forced him to drink approximately 25 litres of water allegedly mixed with diesel before jumping on his stomach, causing him to vomit. Dinisi further claims he was repeatedly kicked, punched, and slapped, sustaining physical injuries during the alleged assault.
According to the court papers, he also alleges that he was initially denied medical treatment and was only taken to Otavi State Hospital on 2 May 2023.
He further states that he later received additional treatment at Grootfontein State Hospital, including X-ray examinations and follow-up consultations, for injuries he claims resulted from the alleged assault.
Dinisi argues that the actions of the officers violated his constitutional rights to dignity as well as his bodily and psychological integrity. He further alleges that the officers failed to protect him from physical and emotional harm while he was in their custody.
As a result, he is seeking damages totalling N1 million for physical injuries and emotional pain and suffering, N250,000 for what he describes as wrongful and unlawful assault.
Court documents indicate that Dinisi served a notice of intended civil action on the Government Attorney in August 2023, as required under the Namibian Police Act, before instituting the claim.
Following arguments presented by legal representatives for both sides, Justice Du Plessis reserved judgment instead of delivering an immediate ruling.
