Police must pay Katutura man N$50 000 for assault
Unlawful arrest also in the mix
The victim was attacked during the controversial Operation Kalahari Desert, which wreaked havoc during the enforcement of Covid-19 regulations.
A Katutura resident will receive N$50,000 from the state following a court order after members of the Namibian police and army unlawfully arrested and assaulted him during the Covid-19 pandemic.
Vitalis Nambondi claimed that he and six others were innocently playing cards in his house when about 20 members of the army and police stormed his home around 23:00 in November 2020.
The officers were operating as part of “Operation Kalahari Desert,” a joint initiative to enforce Covid-19 regulations.
The officers questioned Nambondi about a person they believed had run into his house after being seen outside during curfew hours, which were strictly enforced at the time, prohibiting people from being on the streets.
Nambondi denied seeing anyone, but the officers were reportedly dissatisfied with his response and entered the house.
Illegal search and assault
In a case brought by Nambondi against the Ministry of Home Affairs, Immigration, Safety, and Security, and the Ministry of Defence and Veterans Affairs, he argued that the officers unlawfully searched his house.
“At this point, [Nambondi] asked if they had a warrant. They responded by violently grabbing him and forcing him into the police minibus,” court documents state.
Nambondi alleged that the officers drove him around in the minibus until about 01:00 before ordering him to get out. He refused, claiming he was barefoot and that his house was too far for him to walk. He asserted that the officers then assaulted him, hitting him on his chest, ribs, head, and left ear. He was eventually dropped off at home around 02:00.
In their defense, the ministries denied any knowledge of the incident and dismissed Nambondi's claims.
“The defendants pleaded that they were nowhere near the area where the plaintiff alleges the assault occurred and thus have no knowledge of his claim,” they argued, adding that Nambondi’s allegations were improbable and fabricated.
Court ruling
Judge Hannelie Prinsloo delivered her judgment yesterday, ordering the two ministries to pay Nambondi N$25,000 for unlawful arrest and detention and an additional N$25,000 for assault.
“The court found that to reach a conclusion on the disputed issues, it had to consider the credibility and reliability of the witnesses and the probabilities,” Prinsloo stated.
She concluded that Nambondi had succeeded in proving, on a balance of probabilities, that he was arrested on the night in question without a warrant.
“The defendants’ version is a mere denial, despite having access to information to confirm the facts presented by the plaintiff. They failed to take this court into their confidence regarding their findings. The burden was on the defendants to refute the plaintiff's claim and prove that the arrest and detention were lawful and justified. They failed to do so,” Prinsloo ruled. - [email protected]
Vitalis Nambondi claimed that he and six others were innocently playing cards in his house when about 20 members of the army and police stormed his home around 23:00 in November 2020.
The officers were operating as part of “Operation Kalahari Desert,” a joint initiative to enforce Covid-19 regulations.
The officers questioned Nambondi about a person they believed had run into his house after being seen outside during curfew hours, which were strictly enforced at the time, prohibiting people from being on the streets.
Nambondi denied seeing anyone, but the officers were reportedly dissatisfied with his response and entered the house.
Illegal search and assault
In a case brought by Nambondi against the Ministry of Home Affairs, Immigration, Safety, and Security, and the Ministry of Defence and Veterans Affairs, he argued that the officers unlawfully searched his house.
“At this point, [Nambondi] asked if they had a warrant. They responded by violently grabbing him and forcing him into the police minibus,” court documents state.
Nambondi alleged that the officers drove him around in the minibus until about 01:00 before ordering him to get out. He refused, claiming he was barefoot and that his house was too far for him to walk. He asserted that the officers then assaulted him, hitting him on his chest, ribs, head, and left ear. He was eventually dropped off at home around 02:00.
In their defense, the ministries denied any knowledge of the incident and dismissed Nambondi's claims.
“The defendants pleaded that they were nowhere near the area where the plaintiff alleges the assault occurred and thus have no knowledge of his claim,” they argued, adding that Nambondi’s allegations were improbable and fabricated.
Court ruling
Judge Hannelie Prinsloo delivered her judgment yesterday, ordering the two ministries to pay Nambondi N$25,000 for unlawful arrest and detention and an additional N$25,000 for assault.
“The court found that to reach a conclusion on the disputed issues, it had to consider the credibility and reliability of the witnesses and the probabilities,” Prinsloo stated.
She concluded that Nambondi had succeeded in proving, on a balance of probabilities, that he was arrested on the night in question without a warrant.
“The defendants’ version is a mere denial, despite having access to information to confirm the facts presented by the plaintiff. They failed to take this court into their confidence regarding their findings. The burden was on the defendants to refute the plaintiff's claim and prove that the arrest and detention were lawful and justified. They failed to do so,” Prinsloo ruled. - [email protected]
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