Maria Amakali

Independent Patriots for Change councillor Sifried Junios //Garoëb has said former councillor Ciske Smith-Howard cannot hide under the guise of “political commentary” as a defence for defaming him.

//Garoëb, through his lawyer Henry Shimutwikeni, during oral submissions said he is a public official and is not exempted from criticism but a line should be drawn somewhere. He said criticism should not be so severe that it infringes on his constitutional right to dignity.

“The defendant’s statement does not fall within the ambit of freedom of speech and expression in political debate and activities… the statement has injured and is still injuring his (//Garoëb) good name and reputation, feelings and dignity,” said Shimutwikeni.

//Garoëb is suing Smith-Howard for N$350 000 for remarks she made in a televised interview in October 2021, which he claims are defamatory as they are untrue. He also seeks a retraction and a public apology. 

On Namibian Sun’s ‘Evening Review’ show, Smith-Howard, without mentioning //Garoëb’s name, said: “…The IPC councillor in Henties Bay… who had seemingly stolen from his council… while he was an employee of the municipality and they then relieved him of his duties in 2018 after investigations found that he was guilty… I strongly feel that we cannot make a thief the head of the institution from which he stole.”

According to //Garoëb, the remarks by Smith-Howard defamed his good reputation and political advancement. He claims he is now viewed as a criminal, although he was never found guilty of the charges arraigned against him by the Henties Bay municipal council.

Ignasia Neis, human resources manager at Henties Bay municipality, said a complaint was laid against //Garoëb, who at the time was employed as an assistant credit controller, in 2018. The complainant claims they gave //Garoëb N$1 000 as payment for their account and alleges //Garoëb pocketed the money as it did not reflect on their account. 

Consequently, the municipality launched an investigation with the assistance of ESI law firm. Charges of fraud, theft and bribery were formulated and presented to //Garoëb.

Before any disciplinary procedure could take place, //Garoëb tendered his resignation on 12 October 2018. 

However, //Garoëb and the municipality agreed that his resignation can only be accepted if he were to repay N$23 032 in place of the charges of misconduct laid against him.

Neis claims on 23 October 2018, //Garoëb acknowledged his indebtedness to the municipality.

Smith-Howard, through her lawyer Tuhafeni Muhongo, said her words must be understood in the context in which they were made. According to Muhongo, Smith-Howard’s remarks were based on the charges of bribery, fraud, and theft of public property and monies that //Garoëb was facing at the time he was employed at Henties Bay Municipality as an assistant credit controller.

He said //Garoëb resigned before he could be cleared of the allegations.

“The comment complained of by the plaintiff in its context and text, constitutes appropriate political speech in an open and democratic society - raising matters pertaining to the moral standing of the leadership of the public institution,” said Muhongo. 

Furthermore, //Garoëb has failed to prove that Smith-Howard had the intention to defame him when she made the remarks.

Windhoek High Court judge Nate Ndauendapo will deliver his judgement on 9 June.

-mamakali@nepc.com.na