Highly respected judge dies

Retired judge Simpson Mtambanengwe has died.

The Zimbabwean-born Mtambanengwe died in a Windhoek hospital on Wednesday evening after battling high blood pressure and diabetes for some years.

He was 87.

His son, Victor, confirmed his father's death to Namibian Sun yesterday.

Mtambanengwe was admitted to a Windhoek hospital last week Thursday. He had served as an acting judge of appeal of the Supreme Court before his retirement.

He had also served as judge of Namibia's High Court and acted as chief justice of Namibia between 2003 and 2004.

Retired state advocate Danie Small recalled Mtambanengwe as a dignified judge.

“He was one of the most dignified and calm judges I have ever had the privilege of appearing before,” Small said.

“I remember his deep voice that immediately demanded attention and demonstrated his utter authority in the court. He had an incredible courtroom manner. He embodied what a judge should be.”

Others agree, including court reporters, saying he was very gentle but had an air of authority.

According to Small, Mtambanengwe made several rulings that changed the course of justice in the country.

In one of these, Mtambanengwe and Judge Bryan O'Linn had found that the prosecution is not an entity on its own but acts for the State itself and as such, has a responsibility to “act to divulge to the court matters favourable to the accused and, as such, they not only have to attempt to ensure that a guilty person does not escape punishment but that an innocent person is not convicted and punished. The prosecution in our criminal law and procedure is not the all-powerful, specialised, competent, and even evil entity with all the means at its disposal, bent on the conviction and punishment at all costs of a hapless and helpless innocent.

“The prosecution should rather be seen as the representative of society, of the people and of the victims of crime.”

In another judgment, along with judges Johan Strydom and Nicholas Hannah, Mtambanengwe ruled that arrested persons have the right to apply for bail within 48 hours after their arrest.

Such a right includes applications outside of normal court hours, provided the matter is urgent.

The ruling added that where prosecutors refuse to work overtime police officers can assist magistrates.

Zimbabwean veteran journalist Geoff Nyarota said Judge Mtambanengwe was a humble man.

“His contribution to Zimbabwe's liberation struggle was immense, yet he chose to speak very little about it. He served on the bench with distinction,” Nyarota said.

Mtambanengwe, who was in the legal profession for over 50 years, is survived by his wife, three sons and three sisters.

Funeral arrangements will be announced in due course.

Mtambanengwe was born at the Old Umtali Mission in Eastern Rhodesia (today Mutare in Zimbabwe) in December 1930.

He attended school at Mutambara Mission and Goromonzi School, after which he worked as teacher for one year at Old Umtali Mission.

From 1979 on he worked as a lawyer in independent Zimbabwe until 1986 when he was appointed as high court judge. In 1994 he was appointed to the Namibian High Court.

STAFF REPORTER