Maria Amakali
Namibia Bus and Taxi Association’s (Nabta’s) longstanding internal conflict has led to its secretary general Pendapala Nakathingo filing a N$1.5 million defamation suit against the association’s former president Vespa Muunda.
Nakathingo claims Muunda, who was suspended in November 2016 alongside Lazarus Mhata and Elifas Kennedy Martin, had interviews with the media and sent out letters to former police chief Sebastian Ndeitunga and Motor Vehicle Accident (MVA) Fund CEO Rosalia Martins-Hausiku.
The said letters, which were allegedly defamatory, were also sent to Cabinet ministers Frans Kapofi, Erastus Uutoni and Kalumbi Shangula.
Nakathingo, who filed the suit in November, claims the interviews have misleading information and imply he has been suspended, and that the title he holds is fake.
Furthermore, he defrauded members of the public as well as buses and taxi operators of funds in his capacity as the association’s “fake secretary general”.
The first publication was on 21 June 2017, which appeared in New Era and was titled ‘Nabta allegedly swindled of N$100 000’. In the article, it was stated that Nakathingo was suspended because he deserted Nabta, causing division, mistrust and misusing his position and the public was warned not to conduct business with him.
In August 2020, Muunda in a letter informed Nakathingo he was suspended for allegedly having defrauded taxi and bus operators of more than N$20 000.
On 11 September 2020, The Namibian newspaper carried a story, titled ‘Nabta vice president denies suspension of secretary general’, where Muunda was quoted stating that Nakathingo has been involved in various fraud cases, and that he took more than N$100 000 from the association’s bank account, leaving only N$1 700.
In February, Muunda in an interview with Confidente weekly allegedly stated that Nakathingo withdrew N$32 000 from the association’s bank account and sold the “essential services certificate” – raking in more than N$100 000, which he pocketed.
“The allegations, specifically implicating the plaintiff by name, have damaged his reputation as a senior official at various ministries to which the letters were sent,” reads Nakathingo’s affidavit.
He said the allegations are baseless and were intended to convey that he is a dishonest, incompetent and criminal person. Thus, he wants N$1.5 million for reputation damage and a published public apology.
The parties are scheduled for mediation on 24 January 2023 in hopes of reaching a settlement in the matter. In another matter, the transportation association is seeking an order that will restrain Muunda, Mhata and Martin from acting in any manner that shows they are members of Nabta – either by organising meetings, gathering or attending them.
Nabta also wants the group restrained from using its letterhead and electronic devices as well as entering its offices on Rhino Street. The association also wants the group to be interdicted from interfering with the association’s activities and its employees.
The group has indicated its intent to oppose the application and has questioned the legal standing of Nakathingo to represent the association. According to Martin, a dispute does exist, as the legality of the nomination, election and appointment of the executive committee is questioned.
He claims they were elected as members of the executive committee in February during Nabta’s electoral congress. He said it is at this congress that he was elected as the chairman of the executive committee. Nakathingo and Jeffrey Platt were invited but opted not to attend; thus, they were not elected. This matter will be in court on 18 January 2023 for a status hearing.
– mamakali@nepc.com.na