Four students who won a lawsuit against government, through police chief Sebastian Ndeitunga and former safety and security minister Charles Namoloh, have written a letter of demand for their money through their lawyer Henry Shimutwikeni.
Jesaya Katamba (25), Iyaloo Ndafika Fillemon (28), Tuhafeni Kalola (26) and Paulus Amukoto (25) had filed and won a combined N$800 000 lawsuit in the Windhoek High Court after being assaulted by members of the police during a peaceful demonstration in August 2018.
The students alleged they suffered abuse at the hands of the police, and as a result of the assault endured, they had to undergo medical treatment.
In addition, the students claimed they were unable to attend classes, and their academic progression was negatively affected. Medical records show that the students sustained wounds, body aches and muscle pain.
They were each awarded N$200 000 for stress, shock and the emotional trauma they endured as a result of the assaults by acting High Court judge Collins Parker in a default judgement in their favour.
Court documents reveal that the defendants failed to timeously tender their appearance to defend their case, leaving the plaintiffs procedurally entitled to apply for a default judgement in terms of the law. The legal practitioners, on behalf of the government, also failed to show up at court.
The letter of demand states that in spite of being ordered to pay by the Windhoek High Court, government has to date failed to adhere to this court order.
“The purpose of this letter is to inform you that in the event the Minister of Home Affairs, Immigration, Safety and Security, Albert Kawana, fails to pay the said amounts by the 7th of May 2021, we shall approach the court to seek that the minister be held in contempt of court, and/or seek an order compelling the Ministry of Finance to effect payment as ordered,” the letter reads.
It further stipulates that contempt of court is a criminal offence, and may attract a sanction of committal to imprisonment or a fine.