The unlawful arrest, detention, and assault carried out by members of the Namibian Police on a Grootfontein businessman, Tuhafeni ‘Small Boss’ Simon is set to cost government more than N$140 000.

This is after Windhoek High Court judge Shafimana Ueitele ordered the safety and security ministry to pay Simon a total of N$142 229.15 for the unlawful arrest, detention, and assault carried out on 16 August 2021 and again on 30 August 2021.

Simon who is also a charcoal producer was awarded N$80 000 for unlawful detention, N$12 229.15 for medical expenses, and N$50 000 for legal fees.

In his ruling, Ueitele said the evidence presented during the hearing is distasteful as they indicate that Simon’s arrest was carried out with the purpose to harass him. 

He said Simon was arrested on a mere say-so of police officers who could not testify how they investigated the alleged offences he had committed.

“I have, therefore, come to the conclusion that the plaintiff’s arrest was humiliating and degrading. The conduct of the police in effecting the arrest of the plaintiff in the circumstances of this matter amounts to interference with the plaintiff’s rights to liberty and dignity,” said Ueitele. 

In his suit, Simon claimed the police arrested him on 16 August 2021. However, prior to his arrest, the police searched his home in Grootfontein on 13 August 2021.

On the day he was arrested, he allegedly received a call from the labour ministry requesting him to go the Grootfontein police station. Upon his arrival, he was informed that he was under arrest. According to Simon, he was not informed of his legal rights or why he was being arrested.

He was then detained in a “overcrowded” and “filthy” cell and was denied medical care. He claims he was forced to sleep on a hard desk without a mattress or blanket.

He was informed during his appearance in court that he was being charged with a count of pointing a firearm and another count of theft for stealing a panga.

He was released on bail on 18 August 2021. The case was withdrawn due to lack of evidence.

The following day, 19 August 2021, he received a phone call from an immigration officer demanding access to his farm. He said from 23 to 27 August 2021, the police kept calling and threatening him. 

On 30 August, Simon reported himself to the police station where he was subsequently arrested for allegedly employing non-Namibian citizens without work permits. He was released that same day and the case was withdrawn on 27 June 2022.

-mamakali@nepc.com.na