Patience Makwele
The case of the naked State House intruder with a mental health condition does not automatically remove criminal responsibility, says legal expert advocate Paulus Nambili.
Nambili said the court must first determine whether the accused is fit to stand trial.
“The court first has to determine whether the accused understands the proceedings and can participate in his defence. That is why a mental evaluation has been ordered,” Nambili said.
He said the outcome of the case will depend on that assessment.
“Mental illness does not automatically remove criminal responsibility. The court will look at the extent to which the accused understood his actions at the time,” he added.
Yesterday, 29-year-old Giano Seibeb appeared in the Windhoek Magistrate’s Court on charges of trespassing, housebreaking with intent to commit an offence and contravening section 7 of the Immoral Practices Act.
According to court proceedings, Seibeb allegedly passed several security points and entered the residence of Netumbo Nandi-Ndaitwah at State House on 30 April 2026.
The court heard that Seibeb had been admitted to the mental health ward at Windhoek Central Hospital, where he was diagnosed with schizophrenia.
He allegedly left the facility without formal discharge.
The Windhoek Observer has, however, come across a poster in which Seibeb was reported missing. The poster does not make mention of the fact that he has a mental condition and escaped from a mental health facility.
Mental health experts said such behaviour may be linked to the condition.
Clinical psychologist Anastasia France said symptoms such as delusions and impaired judgement can influence actions.
“In individuals living with schizophrenia, behaviour can sometimes be driven by delusions or a distorted perception of reality. A person may believe they have a specific mission, are being guided, or need to access a particular place for a reason that feels very real to them. These actions are not typically premeditated in the way we understand criminal behaviour. They are often influenced by symptoms of the illness, particularly if the individual is not stable on treatment,” she said.
France said the case raises concerns about gaps in mental health care.
She said that when a patient leaves a treatment setting without proper discharge, they may miss medication and supervision, increasing the risk of relapse or disorganised behaviour.
Health expert Nalucha Buchane shared similar views, saying that in some cases individuals may genuinely believe they are acting with purpose or under instruction, as their perception of reality is altered and their actions make sense to them even if they appear irrational to others.
“That significantly increases the risk of disoriented or impulsive behaviour, especially if the individual is not receiving consistent treatment.”
She said most people with mental illness are not dangerous.
“It is important to emphasise that most people living with mental illness are not dangerous. Incidents like this are rare.”
Despite the mental health concerns, analysts said the breach remains serious.
Political commentator Lucius Muhembo said the incident raises security questions.
“Regardless of the individual’s condition, the fact that someone was able to access the inner residential space of a sitting head of state remains a serious concern. Security systems are designed to prevent any unauthorised access,” he said.
Muhembo said such incidents often lead to internal reviews and raise questions about accountability within security structures.
Seibeb is expected to return to the Windhoek Magistrate’s Court in June.
