RUNDU – Erstwhile police officer Nico Poniso Mulonda can breathe a sigh of relief after the High Court found that his dismissal was unprocedural. 

He was discharged from the Namibian Police Force on 1 December 2022 after it was alleged that while off-duty, he was seen on the night of 24 June 2021 at a local nightclub in Rundu, holding members of the public at gunpoint to surrender their cell phones.

Mulonda, who was once stationed at Rundu, recently won a case against the ministry of safety and security in the High Court through a settlement agreement.

In the review application filed at the
High Court with the assistance of his legal representative, Rundu-based lawyer Bernhard Tjatjara of Bernhard Tjatjara and Co. Inc., Mulonda cited grounds of review,
which included that no eyewitnesses were called to the hearing that led to his
dismissal, and that the case against him was based on hearsay, which was dangerous and inadmissible. 

The minister of Home Affairs, Immigration, Safety and Security, who was cited as a respondent on the advice of the government attorney’s office, agreed that the procedure adopted for the disciplinary inquiry of Mulonda was fatally flawed.

This resulted in the parties concluding and entering into a settlement agreement.

It was agreed that Mulonda be reinstated into his position as sergeant.

This should happen within 30 days from the date the settlement agreement was made an order of court, with full employment benefits occasioned from January 2023 to July 2024.

“The respondent shall pay 50% of the applicant’s cost of suit on a party-to-party scale, which bills of costs shall be set down for taxation before a taxing master,’’ the court said.

“The parties have arrived at an
agreement relating to reinstatement of the applicant, payment of full backpay and benefits occasioned thereto, as well as the cost of suit,’’ read the court documents seen by New Era. -jmuyamba@nepc.com.na