Prisoner fails to secure govt lawyer in case against NamPost
High Court denies application
A Mariental-based prisoner has filed a case against the government and NamPost but is struggling to obtain legal representation.
A prisoner at the Hardap Correctional Facility in Mariental has failed in his application for a High Court order to secure a government legal aid lawyer in his lawsuit against NamPost.
Kenneth Orina sought to obtain a lawyer from the Directorate of Legal Aid to represent him in a case against the government and NamPost. He sued them for N$80 000, alleging that NamPost unlawfully closed his account.
However, when Orina applied for legal aid, his application was denied because the Directorate of Legal Aid argued that his case had no merit or prospects of success.
Orina claims that the directorate lacks the discretion to make such a finding. "Ultimately, it is the court's decision after it has heard the evidence," Orina argues in court documents.
Orina also argued that he does not have the knowledge or experience to represent himself and lacks sufficient funds to pay for the services of a lawyer.
Nevertheless, High Court judge Thomas Masuku dismissed Orina's application in the Windhoek High Court on Friday.
Judgment highlights flaws
In his judgment, Masuku pointed out that Orina incorrectly included government in the main application.
"There is no allegation indicating that the government is liable for the closing of the account or that it played a role."
Masuku further noted that Orina's application must be granted in the interest of justice, as required by the applicable law. "What is normally considered is the nature of the proceedings and what the applicant stands to lose. Cases differ in seriousness and the impact they have on the litigant. This is not a complex case.
"This is a case that the applicant is competent to handle. In cases where people represent themselves, the court is required to provide guidance." Masuku further found that Orina did not prove to the court that he lacked the funds to afford legal representation.
“The fact that a person is in custody does not mean that they have no means at their disposal. The law requires that the applicant disclose all their assets to the court so that the court can make an informed decision. In this case, the applicant claims that he deposited money with NamPost, which suggests that he has money at his disposal."
‘No merit’
In his judgment, Masuku also pointed out that in cases where the Directorate of Legal Aid decides that a case has no merit, it should not be referred to the court.
"Referring this information to the court is unnecessary because it could potentially influence the court."
Although the application was dismissed, Orina’s case against NamPost will still proceed and he will likely have to represent himself or pay for private legal representation.
The case was postponed on Friday to 15 August.
– [email protected]
Kenneth Orina sought to obtain a lawyer from the Directorate of Legal Aid to represent him in a case against the government and NamPost. He sued them for N$80 000, alleging that NamPost unlawfully closed his account.
However, when Orina applied for legal aid, his application was denied because the Directorate of Legal Aid argued that his case had no merit or prospects of success.
Orina claims that the directorate lacks the discretion to make such a finding. "Ultimately, it is the court's decision after it has heard the evidence," Orina argues in court documents.
Orina also argued that he does not have the knowledge or experience to represent himself and lacks sufficient funds to pay for the services of a lawyer.
Nevertheless, High Court judge Thomas Masuku dismissed Orina's application in the Windhoek High Court on Friday.
Judgment highlights flaws
In his judgment, Masuku pointed out that Orina incorrectly included government in the main application.
"There is no allegation indicating that the government is liable for the closing of the account or that it played a role."
Masuku further noted that Orina's application must be granted in the interest of justice, as required by the applicable law. "What is normally considered is the nature of the proceedings and what the applicant stands to lose. Cases differ in seriousness and the impact they have on the litigant. This is not a complex case.
"This is a case that the applicant is competent to handle. In cases where people represent themselves, the court is required to provide guidance." Masuku further found that Orina did not prove to the court that he lacked the funds to afford legal representation.
“The fact that a person is in custody does not mean that they have no means at their disposal. The law requires that the applicant disclose all their assets to the court so that the court can make an informed decision. In this case, the applicant claims that he deposited money with NamPost, which suggests that he has money at his disposal."
‘No merit’
In his judgment, Masuku also pointed out that in cases where the Directorate of Legal Aid decides that a case has no merit, it should not be referred to the court.
"Referring this information to the court is unnecessary because it could potentially influence the court."
Although the application was dismissed, Orina’s case against NamPost will still proceed and he will likely have to represent himself or pay for private legal representation.
The case was postponed on Friday to 15 August.
– [email protected]
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