Iuze Mukube
A case in the Windhoek Magistrate’s Court pertaining to a 31-year-old man accused of beating and sexually assaulting his domestic partner was withdrawn yesterday.
This follows a statement made at the Namibian Police’s Gender-Based Violence (GBV) Unit by the complainant requesting to drop the charges against the accused.
The accused, Elias Lyambayi Kambinda, who was arrested in September 2025, faced one count of rape and another count of assault with intent to do grievous bodily harm in contravention of the Domestic Violence Act.
On the rape count, the State alleged that on 18 September, Kambinda intentionally and wrongfully committed a sexual act with the woman.
The State alleged he did so by applying physical force or threatening by word to apply physical force or to kill the complainant or cause harm other than bodily harm.
On the second count, the accused wrongfully and unlawfully assaulted the complainant, with whom Kambinda was in a domestic relationship, by punching her in the face and strangling her with the intent to cause grievous bodily harm. Kambinda was the boyfriend of the complainant.
Before presiding magistrate Monica Andjaba yesterday, a statement filed by the complainant at the GBV unit was read in court.
The statement read that the complainant was requesting the police not to proceed with the case and that the charges should be withdrawn.
The complainant stated that she had forgiven Kambinda and wanted him to be free to provide for their family. She indicated she was not in any way forced to drop the charges and that she made the statement of her own volition. The State had no objection to dropping the charges and withdrawing the case against the accused.
Magistrate Andjaba granted the request of the complainant even though she was reluctant to do so due to the serious nature of the charges.
She ordered for the matter to be withdrawn and the release of the accused based on the insistence and adamance of the complainant to drop the charges.
