Iuze Mukube
A former security guard facing charges of murder, robbery and defeating the course of justice, last Friday objected to the court’s decision to enter a plea of not guilty on his behalf.
Theodore Shipanga (45) told Windhoek High Court judge Claudia Claasen that the plea was entered without his permission and while his psychiatric report is not yet before the court.
He was arrested 12 years after the murder and robbery that occurred on 11 November 2011 and was arraigned on the charges in 2023.
The charges against him and his alleged accomplices were withdrawn in May 2014, after the prosecutor general’s decision on how to proceed with the matter was unavailable after several postponements.
After the withdrawal of the matter, the PG decided in 2023 to only arraign Shipanga on the charges, as the charges against the other accused could not be sustained.
On countless court sessions, Shipanga has refused to tender a plea on the charges, claiming he was unlawfully and unconstitutionally detained and that he knows nothing about the whole ordeal.
Hence, after countless indications from the court to tender his plea, and with his incessant refusal, Judge Claasen entered a plea of not guilty on his behalf in July last year.
The matter was then delayed after several lawyers withdrew from representing him because of his refusal to cooperate.
During the session last Friday, as the matter was on the roll pending the feedback from the State on the report of his mental evaluation, Shipanga took this on toe and told the judge she couldn’t fix his trial date before the report is on record.
He added that she was acting “unduly” or “doing the wrong thing” by tendering a plea on his behalf before his mental status and capacity to stand trial were properly assessed.
Due to the delay of his case to proceed to trial since last year, Claasen had invoked a Criminal Procedure Act rule that a plea must be entered once charges are put to the accused, even if they refuse to respond.
In such cases, a plea of not guilty is automatically recorded to allow the matter to proceed. The plea was tendered in July last year.
The State is alleging that Shipanga murdered a fellow employee of a security company, Shain van Wyk (22), between Otjiwarongo and Okahandja on 11 November 2011 by shooting him in the head with a shotgun.
Van Wyk was killed while he and Shipanga were returning to Windhoek with money they had collected at banks in northern Namibia and at Otjiwarongo.
Van Wyk’s body was left in a culvert under the B1 road between Otjiwarongo and Okahandja.
The State is also alleging that Shipanga robbed Van Wyk by stealing an amount of at least N$2.5 million and the cash-in-transit vehicle in which they were travelling from him.
Shipanga is alleged to have returned to Windhoek with the vehicle, which was left in the city’s Ombili area.
It is also alleged that Shipanga removed money from the vehicle, set it on fire and left his security company uniform at the scene where the vehicle was abandoned.
About N$1.2 million that was part of the money stolen from the cash-in-transit vehicle was found hidden at the home of Shipanga’s siblings in Windhoek’s Havana informal settlement on 13 November 2011.
Additionally, during the early hours of 12 November 2011, Shipanga reported to the police that he was robbed by two unknown men who dropped him in the Brakwater area of Windhoek and who drove away with the pick-up containing all the cash money.
The matter was postponed to 28 August 2025 for a trial date to be set.