Sostenus Wilherm
Rosalia Chantal Martin is suing the minister of home affairs, immigration, safety and security and the inspector general of the Namibian Police Force for N$5 million, alleging that three police officers beat, strangled and dragged her during an attempted arrest while she was between 17 and 22 weeks pregnant, resulting in the miscarriage of her unborn child.
The High Court heard the matter on Wednesday, with justice James Robertson Devittie postponing the case to 22 September 2026 for closing submissions. The court also ordered the parties to file their written submissions in accordance with the rules of court.
Martin’s allegations stem from an incident she says occurred at her home in Khomasdal, Windhoek, on 22 January 2023.
According to her particulars of claim, Martin became involved in a verbal altercation with her mother-in-law at about 19h00. Her mother-in-law allegedly contacted her daughter following the argument, who then called the police to the residence.
Martin alleges that three members of the Namibian Police Force arrived and attempted to arrest her but instead subjected her to a violent assault.
She claims the officers beat her with a baton on her back, abdomen, neck and face before dragging her by her legs across the floor.
Martin alleges that she was between 17 and 22 weeks pregnant at the time and specifically informed the officers of her pregnancy.
Despite allegedly being aware of her condition, she claims the officers continued assaulting her and further physically abused and strangled her before taking her into custody.
According to the court papers, Martin suffered physical injuries, pain and emotional trauma because of the alleged assault. She further claims that the incident caused her to miscarry her unborn foetus.
Martin has submitted photographs showing some of the injuries she allegedly sustained, together with a medical report, in support of her claim.
She is demanding N$5 million in damages, divided equally between physical injuries, pain and suffering, and emotional and psychological trauma.
The claim seeks N$2.5 million for physical injuries, pain and suffering and another N$2.5 million for emotional and psychological trauma.
Martin is also seeking interest at 20% per annum from the date of judgment until final payment, as well as the costs of the proceedings and any further or alternative relief.
She has cited the minister and the inspector general on the basis that the police officers were allegedly acting within the course and scope of their employment when the incident occurred.
Martin argues that the officers were performing duties for which they were employed and were acting in the interests of, or in activities reasonably incidental to, their employment.
She is therefore seeking to hold the two government officials jointly and severally liable for the alleged conduct of the officers.
The case also involves the procedural requirements for civil claims against the police.
Martin states that she complied with Section 39(1) of the Police Act of 1990 by serving the required notice on the authorities. She further states that she applied for a waiver, which was granted, allowing her claim to proceed.
The allegations contained in Martin’s particulars of claim have not been proven and remain subject to the court’s determination.
Martin is represented by legal practitioner Ndiriraro Kauari of Brockerhoff & Associates Incorporated, while the minister and inspector general are represented by the government attorney.
The case is now approaching its final stage, with the parties required to file their closing submissions before the matter returns to court.
Devittie postponed the matter to 22 September 2026 at 14h15 for the civil part-heard hearing.
