WINDHOEK – The N$10-million claim Polish national Boris Bannai instituted against the Government of Namibia was removed from the court roll by Judge Dave Smuts after Bannai failed to provide security for N$700 000.
Judge Smuts earlier granted an interim order that the matter be struck from the roll should the mine owner fail to provide the security.
Neither Bannai nor his legal representatives made an appearance at court yesterday when the matter was called.
According to the order Judge Smuts issued on October 10, Bannai was ordered to pay N$700 000 to the Registrar of the High Court as security for the legal costs of the Minister of Safety and Security, Interpol, the Magistrate who issued the warrant for his arrest and the Minister of Justice whom he cited as respondents in the suit.
It was also ordered the money be paid and notice of payment be given to the legal practitioners of the four applicants within seven days failing which the combined summons issued against the four applicants by Bannai would be struck from the roll with costs, never to be re-enrolled. This came after the legal representatives of Bannai gave notice they withdrew from the matter and the government attorney’s office applied for security.
The government attorney’s office was represented by Advocate Steve Nkiwane.
Bannai instituted the civil action after he was arrested in March 2012. He claimed he was wrongfully arrested and as a result of the alleged wrongful and unlawful arrest and detention, Bannai claimed that he suffered humiliation and great emotional stress; suffered injury to his personality and was deprived of his dignity, privacy, liberty and freedom of movement.
He further claimed he also suffered injury to his good name and reputation, following extensive media coverage in newspapers, over the internet and television, as well as incurring unwarranted legal costs to secure his release.
Bannai demanded N$10 million in damages.
He wanted N$2 million for the deprivation and infringement of his right to dignity; N$2 million for interference with his privacy; N$2 million for the deprivation and infringement of his right to liberty; N$2 million for deprivation and infringement on his right to freedom of movement, and N$2-million for pain and suffering, distress, emotional torment and reputational damage as a result of the unlawful arrest.
He was arrested after the Polish government requested his capture and extradition to Poland to face criminal charges.
Bannai escaped extradition after government botched the attempt to send him to Poland over alleged commercial crimes.