Lahja Nashuuta

A Namibian businessman who was arrested at the Zambian border and detained in a Livingstone cell for almost four years after being accused of dangerous driving, has described the Zambian jail as ‘dirty and a horror’. 

Junias Shomwele, a resident of Ondangwa and father of five children, found himself entangled in an ordeal beyond his control with border control in Zambia during 2014. This was after he was accused of leaving a stone on the road which caused the tyre of former Sioma district commissioner Mutomena Mubiana’s car to burst.

He was arrested and detained for more than three years without charges, costing him his businesses in Namibia and Zambia as well as his vehicle, with which he used to do business between the two countries.

However, in what he described as ‘God’s grace’, Shomwele’s plight took a significant turn when on 26 April 2016, the High Court in Livingstone, Zambia delivered a judgement in his favour, and ordered compensation of N$600 000, or an amount equivalent to that figure in Zambian kwacha. The authority was also ordered to return Shomwele’s car to him.

It has been almost nine years, despite the court’s clear judgement remaining unexecuted, leaving Shomwele in a state of distress. He is now demanding for the government of Zambia’s intervention through diplomatic ties.

 In an interview with New Era, Shomwele expressed unhappiness with the slow pace at which the Zambian authorities are moving to compensate him, as per the court order.

“I have waited a long time because I was having someone to assist me with food for my family. But this person is no more working, and I got a feeling that the Zambian authorities seem to want to sweep this matter under the carpet,” he stressed.

He has engaged the Ministry of International Relations and Cooperation, and assurances were provided during those meetings. However, that has not translated into tangible results.

Appoched for comment, international relations minister Peya Mushelenga acknowledged Shomwele’s case. 

“Yes, the ministry is aware of this matter, and has taken considerable steps over the years to facilitate and engage the relevant authorities, in line with its mandate as far as the case of Shomwele is concerned,” he said.

Mushelenga revealed that through his ministry, legal assistance was also received from the Ministry of Justice on 24 July 2023, and information was transmitted via diplomatic channels to the Zambian authorities.

“I can also say the ministry has provided an audience to Shomwele in person, of which the way forward has been communicated to him.

It is important to note that the process of enforcing a foreign civil judgement is governed by the enforcement of the Foreign Civil Judgements Act of 1994, and the process herein is administered by the directorate of legal services under the Ministry of Justice,” he elucidated.

Mushelenga assured the nation that his ministry will continue to carry out its mandate by transmitting requests for mutual legal assistance via diplomatic channels, as guided by the Namibian constitution in Article 96. 

“The ministry will make deliberate efforts to follow up on the request if no feedback is forthcoming, and Shomwele has been kept informed (of the developments),” he added.

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