The non-appearance on the part of the group that was suing the State for more than N$139.1 million for malicious prosecution after they were acquitted from the Caprivi high treason trial resulted in their case being struck from the court’s roll yesterday.

According to Deputy Judge President Hosea Angula, the group’s case has been inactive for more than six months. 

The court had pleaded with the group on numerous occasions but to no avail. 

Thus, yesterday, without any attendance from the group or their legal representatives to defend themselves, the court struck the case from the roll.

The group’s status report that was filed on 21 September 2021 indicated that due to financial constraints, they have difficulties travelling from the Zambezi region to Windhoek to be in attendance at court. 

Furthermore, they do not have facilities to access the court’s e-justice to file their documents.

Robert Lifasi Chelezo, Victor Kabende Makando, Richwell Mbala Manyemo, Gibson Kabuna Luka, Gabriel Nyambe Ntelamo and Patrick Itwa Likando were suing the minister of safety, the prosecutor general and the government for malicious prosecution and unlawful detention. 

The group claims they suffered gravely since their arrest in August 1999. 

They were released only in 2015 after the High Court acquitted them. 

In the suit, they claim, as a result of their arrest and consequent prosecution, they suffered humiliation, degradation, injury to their self-esteem and reputation, and their health deteriorated. 

Furthermore, they were deprived of their freedom. 

The group also claims that as a result of being incarcerated, they lost their jobs, homes, farmlands, businesses, cattle, life insurance policies and pensions.

Chelezo, who was employed as a clerk at the time of his arrest, wants the State to compensate him N$19.2 million, while former teacher Makando wants N$19.6 million. 

Former police officer Manyemo seeks compensation of N$19.4 million. 

Luka, who was employed as an education officer, is suing for N$23.2 million. 

Ntelamo, who at the time of his arrest was employed as a principal at Kwena Combined School, wants N$24.4 million, while the former executive employee of the regional council for Katima Mulilo, Likando, seeks a N$33.3 million pay-out.

- mamakali@nepc.com.na