Windhoek
Magistrate Cosmos Endjala on Friday ruled that a Namibian citizen should be extradited to South Africa to answer to a case of reckless and negligent driving in which a person died. The ruling was handed down in the Regional Court in Katutura.
Michael Kondjeni Shanyenge, 42, had a warrant of arrest out against him in South Africa for a reckless and negligent driving case which resulted in the death of a motorist.
The magistrate ruled that Shanyenge “should be extradited to South Africa to attend trial as requested in the application”, and “that bail which was granted to him on December 9, 2014 is hereby cancelled and to be refunded to the depositor”.
Endjala further said that “at this stage the suspect is still presumed innocent until proven guilty by a competent court of law. It is on that basis that this court is of the view that the subject is not likely to be prejudiced and would in all probability receive a fair trial if extradited to South Africa,” the magistrate said.
Endjala ruled that Shanyenge should remain in custody pending his extradition.
The request was made by the ministry of justice, accompanied by a warrant of arrest issued by a magistrate of the district of Bellville, South Africa dated February 18, 2013.
Shanyenge was released on bail on December 9, 2014 pending the enquiry.
During the proceedings in the Regional Court, State Advocate Simba Nduna argued that all the documents were in order, and that the request complies with all the requirements for the extradition. He further argued that there was a prima facie case against Shanyenge.
Shanyenge’s defence lawyer Mbanga Siyomuinji argued that his client’s version of events is that at no time was he reckless or negligent during the incident that happened in Durbanville, South Africa, as alleged in the court papers.
He further argued that his client’s version is that the motor vehicle just suddenly appeared in the way and he could not do much to avert the collision and thus the accident happened which resulted in the death of the other driver.
The defence lawyer argued that Shanyenge “will be greatly prejudiced should he be extradited”.