N$139m treason suit hangs by a thread

Deputy Judge President Hosea Angula has called on a group that is suing the State for more than N$139.1 million for malicious prosecution after they were acquitted from the Caprivi high treason case, to prove why their suit should not be struck from the roll.

According to Angula, the matter, which was filed in 2016 has been stagnant for six months.

“The applicants should show cause to the satisfaction of the managing judge why there has been no activity in this case for six months and why the case must not be struck from the roll, not to be enrolled again,” said Angula yesterday in the High Court.

This is the second time that Angula is pleading with the group after he issued the same order on 5 April. The court postponed the matter to 10 May.

The group comprising Robert Lifasi Chelezo, Victor Kabende Makando, Richwell Mbala Manyemo, Gibson Kabuna Luka, Gabriel Nyambe Ntelamo, and Patrick Itwa Likando is suing the minister of safety, the prosecutor general, and government for malicious prosecution and unlawful detention.

The group claim it suffered gravely since their arrest in August 1999. They were only released in 2015 after the High Court acquitted them.

In the suit, they claim as a result of their arrest and consequent prosecution, they suffered humiliation, degradation, injury to their self-esteem, and reputation and their health deteriorated. Furthermore, they were deprived of their freedom.

The group also claims that as a result of being incarcerated, they lost their jobs, homes, farmlands, businesses, cattle, life insurance policies, and pensions.

Chelezo, who was employed as a clerk at the time of his arrest, wants the State to compensate him N$19.2 million, while former teacher Makando wants N$19.6 million.

Former police officer Manyemo seeks compensation of N$19.4 million.

Luka, who was employed as an education officer, is suing for N$23.2 million. Ntelamo, who at the time of his arrest was employed as a principal at Kwena Combined School, wants N$24.4 million while the former executive employee of the regional council for Katima Mulilo, Likando seeks a N$33.3 million payout.

The group forms part of 35 people who were acquitted of high treason in September 2015 by Judge Elton Hoff. They were arrested and charged with taking part in a conspiracy aimed at overthrowing the Namibian government in the former Caprivi region between September 1998 and December 2003.

They faced charges of high treason, murder, attempted murder, sedition, public violence, and the illegal importation of weapons and ammunition.

The charges stem from an alleged failed attempt to secede the then Caprivi (now Zambezi) from Namibia.