Councillor demands N$2m in damages

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Councillor demands N$2m in damages

Katima Mulilo Urban councillor Kennedy Simasiku is demanding N$2 million in damages from three members of his constituency for alleged defamation of character. 

He is demanding N$1 million from Matengu Nkando and N$500 000 each from Rasboom Mwemba and Jackson Chibata. 

A letter of demand was sent to the three men by Simasiku’s lawyer Jermaine Muchali.

 In the letter, Muchali wrote his client is a highly reputable member of society, an immensely admired councillor of the Katima Mulilo Urban, a revered family man and a prominent leader in politics.

He said the utterances of the respondents caused his client grave hurt.

According to the letter, Nkando unlawfully disclosed sensitive and confidential information concerning Simasiku and equally derided his character during a telephonic interview with a local radio station on 8 February this year. 

Furthermore, he said, it was a contravention of the Micro Lending Act.

With regards to Mwemba, he claims Mwemba similarly partook in a telephonic interview with Eagle FM on 8 February this year, and made various vexatious utterances concerning him by stating he is a thief, and if Swapo 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 he holds.

Chibata, he claims, in his capacity published derogatory statements of a WhatsApp group, ‘Katima Urban Constituency’, on 8 and 9 February this year, stating that Simasiku is corrupt and a thief. 

He further published that Simasiku being nominated as number one on the Swapo list was questionable, which further amplified his theory that Simasiku was corrupt. 

According to the letter, Chibata aggravated his publications that Simasiku was corrupt by insinuating the reason Simasiku paid N$50 000 to the Roads Authority was that he was guilty of theft.

Muchali further wrote that he advised Simasiku critically that the unlawful disclosure, the vexatious utterances and the derogatory publications by each one of the cited individuals are tantamount to aggravated defamation and character assassination.

Moreover, he said he has clear instructions from Simasiku to institute proceedings in the High Court of Namibia if his demands for monetary compensation are not met by 30 September this year – and further that the parties must publish unreserved apologies no later than seven days after receipt of the letter on NBC Silozi radio, Eagle FM and the Katima Urban Constituency WhatsApp group.

– rrouth@nepc.com.na