The Namibian Police said it does not condone the unbecoming conduct of its members which tends to attract civil claims against the force.
To date, the police have registered 262 civil claims since 2021.
Police spokesperson Kauna Shikwambi in an interview with New Era this week said the kind of cases registered that incur legal costs include unjustified assaults, unlawful arrest, and detention, unlawful searches and return of seized properties, motor vehicle accidents and damages, malicious damage to property, defamation of character and unjustified killing, among others.
“Once again, I want to reiterate that the Namibian Police does not condone nor encourage its members to abuse or assault anyone; breaking the laws they are supposed to enforce. Therefore, any incident of excessive use of force, wrongful and or unbecoming behaviour or actions by police officers must be reported. It must be known that over the years, police officers have been prosecuted, some convicted while others have been suspended due to cases opened against them,” Shikwambi echoed.
She, however, informed that legal costs of litigation are incurred by the office of the government attorney, hence the police were unable to ascertain the amounts spent thereof.
According to her, the number of finalised civil claims thus far stands at 13 in the 2021/2022 financial year and the number of civil claims submitted for payment is five and has thus far been closed.
Shikwambi said the number of claims withdrawn, struck from the roll, or absconded by claimants during the period under review is eight. The police registered 236 civil claims pending for the period under review.
Notably, Shikwambi said the nation must understand that training is the primary aspect before swearing in as a member of the Namibian Police.
“So, all police officers have gone through intensive basic police training before their deployment on operational duties. There are procedures in terms of how each police officer should handle whatever situation. Police officers are equipped and are conversant with relevant skills including issues of human rights,” she explained.
Equally, she said after basic police training, further advanced training is conducted in different fields through the training and development directorate’s annual training curriculum.
This, she said, is also inclusive of training on basic human rights, unlawful arrest and detention, and the proper utilisation of government properties by the police legal services directorate.
“So, training and re-training in the police force do not cease, we try our best so that our members are capacitated,” Shikwambi alluded. Also, in terms of section 11 (1) (a) (iv) of the State Finance Act, No. 31 of 1991, whenever any person employed in a ministry or public office has caused any loss or damage to the State as a result of an omission from his or her side to execute duties properly, leading to fruitless expenditure of State money or a claim against the State, the accounting officer concerned or Treasury will determine such loss or damage and order such person by notice in writing to pay the amount so determined within 30 days from the date of such notice. Shikwambi mentioned that in all instances of civil claims against the State in which members’ actions are found to be wanting, the amounts of money paid by the State to third parties as a result thereof, are recovered from the respective members either as indicated above or through payroll deductions over an agreed period.
The implication hereof is that not all claims against the State result in losses against it or the wasting of taxpayers’ money, she said.
In one of several cases, complainant Jane Owoses was awarded N$145 000 in September last year after she was assaulted by police and defence force as well as City Police officers on 02 June 2019.
Government also paid Johannes Nduwe N$100 000, in addition to his legal bill for an assault he endured during Operation Kalahari Desert at Goreangab in January 2020, as well as Jesaja Nelumbu Hango, who received N$250 000 after being attacked by police officers and soldiers at Swakopmund during the first lockdown last year. In addition, the courts ordered the government to pay Hango’s legal fees amounting to N$100 000.
In May 2021, the government agreed to pay Luise Mwanyangapo an amount of N$250 000 after she was assaulted by soldiers on 27 April 2019. –anakale@nepc.com.na