Government fined for unlawful arrests

A Grootfontein businessman has won a lawsuit against the Namibian police, which will cost the government about N$140 000.

Windhoek High Court Judge Shafimana Ueitele, in his ruling delivered last week, said Tuhafeni Simon's arrest in August 2021 was carried out with the purpose of harassing him and that police officers did not conduct sufficient investigations into the alleged crimes he committed.

Simon had brought a claim against the home affairs, immigration, security, and safety ministry following his arrest in 2021.

Judge Ueitele determined that the arrests violated Simon's rights to freedom and dignity.

Simon was awarded N$80 000 for wrongful detention, N$50 000 for legal costs and approximately N$12 000 for medical expenses.

Arrests not legal

Simon's claim argued that he was unlawfully arrested on two occasions.

The first arrest took place on 13 August 2021, at his home in Grootfontein. At the time of the arrest, he was allegedly not informed why he was being detained and was also not informed of his rights.

During his court appearance, he discovered that he was charged with a firearms-related offence and theft for allegedly stealing a machete.

In Simon's claim details, he alleges that he was held in a dirty and cramped cell and denied medical care until he was granted bail on 18 August.

The case was later withdrawn due to a lack of evidence. The second arrest occurred on 30 August after Simon reported to the police station. The reason for this arrest was allegedly his employment of non-Namibian citizens without work permits. He was released on the same day, and the charges against him were withdrawn in June 2022.