Hengari, NWR absolution verdict set for July
The absolution verdict in the N$7.5 million defamation claim, filed by Zelna Hengari against her former employer, the Namibia Wildlife Resorts, will be delivered in three months.
High Court Judge Boas Usiku indicated he will deliver judgment in the matter on 29 July after the conclusion of oral arguments last week.
Hengari filed a civil suit against her former employer, environment minister Pohamba Shifeta and former public enterprises minister Leon Jooste, claiming N$7.5 million for reputational damage.
The claim arises from a press statement issued by the NWR board on 15 April 2018, which was published by local news outlets.
NWR issued the media statement in response to an article that appeared in a daily newspaper, which focused on a joint partnership agreement between NWR and Sun Karros Lifestyle Safaris (Pty) Ltd.
The 30-year agreement was signed by NWR on 11 June 2018 and by Sun Karros in May 2018.
According to reports in this publication, Sun Karros is said to have constructed 20 glamorous tents, a restaurant, a small pool and 10 campsites at NWR’s Sesriem campsite to the tune of N$43 million.
Hengari allegedly made a misrepresentation to the board that the previous board had approved the agreement.
Furthermore, she signed the agreement without the board’s approval, and neither were the provisions of the Public Procurement Act nor the State Finance Act followed.
Her lawyer, Thabang Phatela, argued NWR failed to make out a case that the said press statement is not defamatory to Hengari and how they are entitled to absolution in the matter.
According to Phatela, the statement says Hengari made a false representation to the board when, in fact, she did not.
He further argued they have challenged NWR to produce evidence in a form of documentation of minutes that she indeed made a misrepresentation to the NWR board but to no avail.
“… seemingly relied on by the defendant (NWR) to the effect that she communicated to them that the previous board had approved the agreement. Simply put, there
is no such document, because such misrepresentation never occurred,” explained Phatela.
The lawyer added the statement defamed and ruined Hengari’s name and reputation because she never uttered such statements.
In their submissions, NWR’s
lawyer Norman Tjombe said Hengari admitted the NWR board was not aware of the signing of the agreement, which she purportedly signed on behalf of NWR.
Furthermore, she admitted the glamping project was procured in 2014; thus, it did not need to comply with the Public Procurement Act, which only came into existence in 2017.
Thus, her claim that the press statement was defamatory to her should not be entertained by the court.
“Hengari has not demonstrated a prima facie case – therefore absolving NWR to answer to it,” said Tjombe.
He then requested the court for the absolution application to succeed with cost.
In April 2021, Hengari lost in the High Court when she challenged the NWR board’s decision not to renew her contract.
On 15 January 2019, the NWR board took the decision not to renew her contract.
Before she was served with a notice that her employment would not be renewed, Hengari was placed on suspension after allegations that she contracted the company to a public-private partnership (PPP) agreement with Sun Karros Lifestyle Safaris without the necessary approval.
She was sent home as a precaution, as they feared she would tamper with evidence and witnesses necessary for the investigation against her.