Hertta-Maria Amutenja
The Former Erongo Regional Police Commander, Commissioner Andreas Nelumbu is claiming Namibian Police officers and the Minster of Home Affairs tarnished his integrity, reputation and public image and violated his human rights when they searched his properties for missing firearms and ammunition last year.
The matter stems from an incident where the police was investigating firearms that went missing from the central depot in Windhoek after an inspection at the facility in November 2021.
It is alleged Nelumbu is the overall supervisor of the Directorate that houses Armory Units and had direct access to the facility where the firearms are kept.
However, four police officers, two inspectors and two warrant officers were arrested in connection with the stolen items last year in March.
The four officers who were stationed at the depot are Loini Shoondi, Kavari Mutuari, Fredericks Petrus and Laban Uaundjua.
Nelumbu is suing the Minister of Home Affairs, Immigration, Safety and Security, Albert Kawana and the Inspector General of the Namibina Police, Lieutenant General Joseph Shikongo for N$2 million in damages.
He is claiming the search warrants were maliciously obtained and that the unjustified conduct of the police violated his constitutional right to human dignity.
In addition, he is claiming that a witch hunt is in progress against him.
“The plaintiff further avers that the four charges against him and the warning statement were ill-advised and preposterous and amount to persecution and victimization of the plaintiff. The unjustified levelling of charges and the subsequent extensive searches on his private properties in different regions has tarnished the plaintiff’s integrity, reputation and public image,” he said
According to documents filed at the High Court, the police searched Nelumbu’s private residence in Windhoek, the homestead at Ondjodjo village and his farm at Mpungu for firearms and ammunition on three separate occasions.
He further claims none of the stolen items were found on his properties.
“From these searches, nothing relating to the above-mentioned allegations was found or seized from any of the plaintiff’s premises. No single firearm, ammunition or any unauthorized or illegally obtained or stolen property or contraband was found or seized at any of the plaintiff’s premises,” read his particulars of claim.
The state claimed that the reason behind the searches was as a result of Nelumbu’s position as the overall Head of the Logistics and Procurement Division under which the depot falls.
“The aforestated prompted the investigating authorities to seek authorization to carry out verification of losses, compiled reports and investigated all the persons attached to the plaintiff’s division, including his deputy and down to the junior members, who had access to the said Depot. During the investigations, there were thus various and simultaneously conducted searches carried out on all the persons of interest residences, including those of the plaintiff, just like it was done to all the other implicated police officials who were working or had access to the Armoury, warehouse and/or depot, where the property including the firearms went missing,” read the state plea.
The state further alleged that before the search he could not explain the missing firearms with which he as the Head of the Division was entrusted to safeguard, in his exercise of overseer and custodian of the Namibian Police properties under his control.
Judge Hosea Angula is presiding. The matter is postponed to 21 July for mediation.
