Simasiku demands N$2m for 'reputational damage'
Controversial Swapo Party Katima Mulilo councillor Kennedy Simasiku is demanding a public apology from three men who allegedly defamed him by calling him corrupt and a thief, or they will face him in court where he seeks to be paid N$2 million for reputational damage.
Through his lawyer Jermaine Muchali, he wrote to Katima Mulilo businessman Matengu Nkando, Katima Mulilo Affirmative Reposition (AR) spokesperson Rasboom Mwemba and businessman Jackson Chibata on 5 August, demanding that they apologise for comments they made earlier this year. The trio allegedly painted him as a thief and a corrupt person, he said.
The alleged defamatory comments emanated from a time when the media reported that Gazza - as the councillor is popularly known - stole N$85 000 from his former employer the Road Fund Administration (RFA) to fund his political campaign.
Simasiku, however, paid back the money after he was exposed in the media.
Confidential
According to Simasiku, Nkando - who owns a microlending business - allegedly revealed confidential information of the him in a telephonic interview with Eagle FM on 8 February.
Nkando said he loaned Simasiku N$50 000, but the councillor was failing to pay back the money.
“Our instructions are that on or about 8 February 2022, you partook in a telephonic radio interview with the radio station Eagle FM where you unlawfully disclosed sensitive and confidential information concerning our client and equally derided his character. Your unlawful disclosure was a contravention of Section 27 of the Microlending Act 7 of 2018,” a letter from Simasiku’s lawyer read.
Should Nkando fail to publicly apologise, Simasiku will approach the court and demand N$1 million from him.
‘Thief’
As for Mwemba, Simasiku said the activist also engaged Eagle FM on 8 February, and referred to the councillor as a corrupt thief.
Should he also fail to apologise, Simasiku will approach the court and demand N$500 000 from him.
“You similarly partook in a telephonic radio interview with the radio station Eagle FM and made vexatious utterances concerning our client by stating that he is a thief, and if the Swapo Party allows him to stay in office, they are promoting corruption and that he cannot be trusted because he can at any time destroy the office.”
Meanwhile, Simasiku has demanded that Chibata apologise for comments he made on a WhatsApp group in which also alluded to the councillor being corrupt and a thief.
Failure to do so will earn him a court case in which Simasiku aims to demand N$500 000 for reputational damage.
“You published derogatory statements on a WhatsApp group [titled] ‘Katima Urban Constituency’ about our client by stating that he is corrupt and a thief. You further published that our client being nominated on the Swapo Party list was questionable, which further amplified your theory that our client was corrupt.
“You aggravated your publications by insinuating that the reason our client paid N$50 000 to RFA was because he found himself guilty,” the letter read.
Apologise, or else
“Our client has been critically advised that the unlawful disclosure, the vexatious utterances and the derogatory publications by each of the individuals is tantamount to aggravated defamation and character assassination.”
Simasiku has given the trio seven days to make public apologies on NBC Ñwanyi FM, Eagle FM and the Katima Mulilo Urban Constituency WhatsApp group.
“Our final and unambiguous instructions are that upon non-compliance with any of the demands, we must institute legal proceedings in the High Court of Namibia and equally seek for punitive costs against each individual,” the lawyer said.
[email protected]
Through his lawyer Jermaine Muchali, he wrote to Katima Mulilo businessman Matengu Nkando, Katima Mulilo Affirmative Reposition (AR) spokesperson Rasboom Mwemba and businessman Jackson Chibata on 5 August, demanding that they apologise for comments they made earlier this year. The trio allegedly painted him as a thief and a corrupt person, he said.
The alleged defamatory comments emanated from a time when the media reported that Gazza - as the councillor is popularly known - stole N$85 000 from his former employer the Road Fund Administration (RFA) to fund his political campaign.
Simasiku, however, paid back the money after he was exposed in the media.
Confidential
According to Simasiku, Nkando - who owns a microlending business - allegedly revealed confidential information of the him in a telephonic interview with Eagle FM on 8 February.
Nkando said he loaned Simasiku N$50 000, but the councillor was failing to pay back the money.
“Our instructions are that on or about 8 February 2022, you partook in a telephonic radio interview with the radio station Eagle FM where you unlawfully disclosed sensitive and confidential information concerning our client and equally derided his character. Your unlawful disclosure was a contravention of Section 27 of the Microlending Act 7 of 2018,” a letter from Simasiku’s lawyer read.
Should Nkando fail to publicly apologise, Simasiku will approach the court and demand N$1 million from him.
‘Thief’
As for Mwemba, Simasiku said the activist also engaged Eagle FM on 8 February, and referred to the councillor as a corrupt thief.
Should he also fail to apologise, Simasiku will approach the court and demand N$500 000 from him.
“You similarly partook in a telephonic radio interview with the radio station Eagle FM and made vexatious utterances concerning our client by stating that he is a thief, and if the Swapo Party allows him to stay in office, they are promoting corruption and that he cannot be trusted because he can at any time destroy the office.”
Meanwhile, Simasiku has demanded that Chibata apologise for comments he made on a WhatsApp group in which also alluded to the councillor being corrupt and a thief.
Failure to do so will earn him a court case in which Simasiku aims to demand N$500 000 for reputational damage.
“You published derogatory statements on a WhatsApp group [titled] ‘Katima Urban Constituency’ about our client by stating that he is corrupt and a thief. You further published that our client being nominated on the Swapo Party list was questionable, which further amplified your theory that our client was corrupt.
“You aggravated your publications by insinuating that the reason our client paid N$50 000 to RFA was because he found himself guilty,” the letter read.
Apologise, or else
“Our client has been critically advised that the unlawful disclosure, the vexatious utterances and the derogatory publications by each of the individuals is tantamount to aggravated defamation and character assassination.”
Simasiku has given the trio seven days to make public apologies on NBC Ñwanyi FM, Eagle FM and the Katima Mulilo Urban Constituency WhatsApp group.
“Our final and unambiguous instructions are that upon non-compliance with any of the demands, we must institute legal proceedings in the High Court of Namibia and equally seek for punitive costs against each individual,” the lawyer said.
[email protected]
Comments
Namibian Sun
No comments have been left on this article