A claim of N$5 million against New Era Publications Corporation and its managing editor, Johnathan Beukes, was dismissed in the High Court by Acting Judge Kobus Miller last week.

Joseph Nakalemo instituted the claim against the publication for what he perceived as biased reporting on its side. He claimed that the publication and Beukes were requested to clear his name but ignored him and instead allowed themselves to be used and manipulated by MTC spokesperson Tim Ekandjo to dirty his name and damage his professional career. 

Nakalemo instituted claims totalling N$42 million against various institutions and individuals including MTC, Ekandjo, Maria Kavari, Florian Beukes, Jefta Tjitemisa, Davis Shavuka, Joseph Shikongo, Ministry of Home Affairs, Immigration, Safety and Security, New Era, Beukes, Alexander Forbes, Stefan du Preez, Imba Petrus, Kennedy Matomola and Amber Coerecius. 

None of the claims succeeded. Judge Miller found that the claims were instituted using the wrong procedures. He said it is wrong to institute proceedings by way of motion proceedings when factual disputes are foreseen. Further, the judge said, as far as illiquid claims are concerned, there is little, if any, indication as to how the amounts arise and no evidence is available to substantiate the claims. He said in the founding affidavit, the applicant did not meet the legal requirements and no satisfactory explanation was tendered. In the end, the judge said, the application is defective and must fail, in the circumstances. 

The judge ordered that Nakalemo must pay the costs of the respondents who opposed the matter on the scale of one instructing and one instructed counsel. The application was opposed by Ekandjo, Kavari, Florian Beukes, Tjitemisa, New Era, Beukes, Alexander Forbes and Du Preez. -rrouth@nepc.com.na