Mbidi sues for N$500 000

An epic legal battle will unfold in the High Court this week, involving Frans Mbidi and Rodger Kambatuku, who have both come out slugging in their court papers.
Limba Mupetami
Former Namibia Football Association (NFA) president Frans Mbidi has dragged Rodger Kambatuku, the former chairman of the NFA ad hoc committee, to court over alleged defamation. Mbidi is suing Kambatuku for N$500 000 and the High Court is expected to hear evidence this week.

Mbidi claims that Kambatuku accused him of engaging in various unprocedural, fraudulent and/or corrupt activities and that he used his office to benefit financially.

He referred to a statement issued by Kambatuku last year, in which the former NFA president was called a corrupt individual who does not abide by the law and who engages in unconstitutional and corrupt practices for his personal benefit.

It was also alleged in Kambatuku's statement that Mbidi is without moral fibre and was not fit for his then position.

These accusations led to Mbidi being fired by the NFA executive committee in October last year, in the absence of a hearing.

Kambatuku had also alleged that Mbidi had failed a Fifa integrity check and deliberately withheld this information from the NFA executive committee.

He further claimed that Mbidi unprocedurally and corruptly upgraded his flight ticket from economy to business class, at a cost of N$90 000, in order to attend the Fifa Women's Football Symposium in Canada during 2015.

His statement also accused Mbidi of abusing his position, by utilising NFA funds to campaign for positions on the Council of Southern Africa Football Associations (Cosafa), the Confederation of African Football (CAF) and the Fifa executive committee.

“Mbidi is placing undue pressure on the secretariat of the NFA to pay him US$20 000 from CAF without proper documentation, as well as to pay for (his) other expenses as president,” Kambatuku alleged, adding this amounts to gross abuse of power and position.

In addition Kambatuku also accused Mbidi of drawing a double payment from NFA funds for allowances already advanced and paid to him for CAF, Cosafa and Fifa assignments over a three-and-a-half-year period.

These accusations did not sit well with Mbidi, who says they were widely distributed and became the subject matter of various newspapers articles worldwide.

He said in his court papers he has suffered damages in the amount of N$500 000, which he is now seeking as a judgement against Kambatuku for his actions.

In his court papers, Kambatuku said the comments he made were not wrongful, unlawful or defamatory.

He said he was commenting on a matter of public interest, namely the administration and finances of the NFA.

He explained that CAF paid the NFA an amount of US$100 000, with the directive that an amount of US$20 000 was to be used towards the expenses of the office of the NFA president.

However, Mbidi allegedly insisted and gave directives that the amount be paid to him in his personal capacity, without any documentation or directive from CAF.

This irked Kambatuku, who said Mbidi neglected or failed to uphold his responsibilities diligently.

The court battle is expected to play out the whole of this week, with witnesses also being called.

Ileni Gebhardt appears for Mbidi while Mekumbu Tjiteere appears for Kambatuku. Acting Judge Claudia Claasen presides.

LIMBA MUPETAMI

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Namibian Sun 2024-09-20

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Nam 2.22 SAME | Oryx Properties Ltd 12.1 UP 1.70% | Paratus Namibia Holdings 11.99 SAME | SBN Holdings 8.45 SAME | Trustco Group Holdings Ltd 0.48 SAME | B2Gold Corporation 47.34 DOWN 1.50% | Local Index closed 677.62 UP 0.12% | Overall Index closed 1534.6 DOWN 0.05% | Osino Resources Corp 19.47 DOWN 2.41% | Commodities: Gold US$ 2 610.51/OZ UP +0.90% | Copper US$ 4.33/lb UP +0.16% | Zinc US$ 2 918.30/T DOWN -0.63% | Brent Crude Oil US$ 74.47/BBP DOWN -0.0056 | Platinum US$ 981.53/OZ DOWN -0.0012