WINDHOEK – The Namibia Defence Force (NDF) soldier accused of fatally shooting a Zimbabwean taxi driver in June suffered a legal setback when the court rejected his application to have the case withdrawn.
Katutura magistrate Johannes Shuuveni on Friday denied an application by Gerson Nakale, 38, through his lawyer, Lindrowski Tibinyane, to have the court provisionally withdraw the case. 

The magistrate explained that Nakale’s case has only been on the court roll for five months and he is currently on bail without any bail conditions attached.

During the application Tibinyane said that Nakale’s court appearances are hindering his (Nakale’s) work so it would be prudent for the case to be provisionally withdrawn pending finalisation of investigations and the prosecutor general’s decision.

Tibinyane further suggested that once the state is ready, they can summon Nakale. 
 According to the prosecutor Edel Upundi, lab results and the photoplan of the crime scene are still not available.  Nakale was arrested following a shooting incident that resulted in the death of Zimbabwean national Talent Fambauone Black, 22, during the joint defence force/police Operation Kalahari Desert in Greenwell Matongo, Windhoek on 20 June. Police reports at the time indicated that members of Operation Kalahari Desert had set up a mini mobile roadblock in Monica Street, Greenwell Matongo informal settlement where a Toyota Paso with taxi number L68 approached. 

But the driver allegedly made a U-turn before the roadblock and sped off.   An NDF member fired four shots from his assault rifle in the direction of the fleeing taxi.
Consequently, according to the police, one bullet hit the vehicle’s boot and penetrated further to hit the driver in the head, killing him instantly.  

The driver was alone in the vehicle.
Nakale, a member of A Squadron based at Luiperdsvallei military base outside Windhoek, now faces a charge of murder.

Nakale is expected to appear in court on 29 May 2020 after the court postponed the case to give the police ample time to conclude their investigations.