Health minister Kalumbi Shangula was excused from testifying in the lawsuit brought by public tender magnate Shapwa Kanyama and his wife Beata against a retired northern-based nurse, Mathilde Kadhikwa.
Kadhikwa subpoenaed Shangula and health executive director Ben Nangombe to testify in the suit against her for alleged defamatory statements against the power couple.
Kanyama and his wife are suing her for N$400 000 for defamation of character.
Kadhikwa has indicated to the court that she will be opposing and defending herself against the defamation claims made by Kanyama and Beata, who is well-known as Betty Davids on social media.
Kadhikwa has instructed Henry Shimutwikeni to defend her through Legal Aid.
The summons indicates that Shangula and Nangombe must bring along all documents about transactions Kanyama had with the ministry, and give oral evidence on them.
Windhoek High Court Judge Beatrix de Jager yesterday excused Shangula but ordered that Nangombe attend court today as per the subpoena, dated 15 February.
She, however, ordered Kadhikwa to pay the wasted costs of the plaintiffs on the scale of one instructing and one instructed legal practitioner.
Advocate Raymond Heathcote, instructed by Sisa Namandje, appeared on behalf of the Kanyamas.
According to the subpoena, Nangombe must produce copies of all the procurement contracts between the Ministry of Health and Social Services as well as companies or close corporations in which Kanyama is a shareholder, director or member.
Failure to produce the copies or neglect to comply with the subpoena is punishable by a fine of N$4 000 or one-year imprisonment.
Judge De Jager made it an order of court for Nangombe to appear.
He must testify on all matters within his knowledge relating to the lawsuit on behalf of Kadhikwa.
Millions
The Kanyamas dragged Kadhikwa to court after she failed to retract and apologise for the remarks she reportedly made on social media on 30 May.
The remarks were allegedly made days after the couple tied the knot in a lavish two-day ceremony at Oniipa on 27 May 2022.
The wedding, according to the couple, cost N$10 million.
The couple claims the audio remarks made in Oshindonga, despite not mentioning any of their names, are defamatory.
According to them, the audio contains remarks that relate to them.
These remarks are that the wedding cost N$10 million, the wedding had various luxury vehicles such as Mercedes Benz, Audi and Range Rover on display, and Kanyama is the son of a doctor.
Other similarities are that Kanyama is involved in the procurement of pharmaceutical material, and owns a house that has a cinema, wine cellar and gym.
The house trended on social media in April 2020.
The Kanyamas claim further that the audio was made to defame them and harm their good name, fame and reputation.
They said the remarks are meant to be understood that Kanyama “is dishonest, a corrupt businessman and that he is committing criminal acts in addition to embezzling public funds for his own benefit”.
Beata, who also claims she was defamed, said the remarks insinuate that she got married to a dishonest and corrupt businessman.
The couple wants the court to order payment of N$200 000 for each of them for the alleged defamation.
Kadhikwa denies that the audio was about the power couple.
In fact, she vehemently denies knowing them or of them.
According to her, she only responded to an audio message that was sent by a member of a WhatsApp group, called ‘2024 presidential’, whose main discussions were public interest topics such as politics, health and finance.
She further said she only raised her concerns, as a health professional, towards government’s procurement of medical equipment and pharmaceutical products and the way government spends millions of dollars on middlemen to procure these items.
Kadhikwa said that through her experience as a nurse of over 30 years, she observed how government does not get value for its money with critical shortages of medicines and medical equipment procured through these intermediaries to the detriment of patients.
She said she never mentioned anyone by name, and Kanyama’s inference that she referred to him is his own doing.
Same with his wife, she said.
If she feels injured by the statements, it is also by her own doing.
Although the statements are not defamatory in any manner, Kadhikwa said it is not a secret that Kanyama has been the subject of many controversial procurement awards widely publicised, and has drawn criticism from members of the public.
It is only through this that society can influence public policy, and hold the government responsible when it comes to public expenditure.
-rrouth@nepc.com.na
(Kanyama)
Captions:
Shapwa Kanyama
Beata Kanyama
Kalumbi Shangula
Photos: File