Cheda gets rave re­views in Namibia

Sunday News (Zimbabwe) - - Front Page -

ZIM­BAB­WEANS liv­ing in the Di­as­pora con­tinue rais­ing the coun­try’s flag high by per­form­ing mar­vel­lously in their var­i­ous fields of ex­per­tise.

In Namibia, for­mer Bu­l­awayo High Court judge, Jus­tice Maphios Cheda re­cently made a cou­ple of land­mark rul­ings at the High Court of Namibia which has seen him make it into a num­ber of law jour­nals. In his first rul­ing that was de­liv­ered on 23 July, it was a dis­pute be­tween Faida Trad­ing and Clear­ing En­ter­prises and bank­ing gi­ants, Ned­bank.

Ac­cord­ing to court pa­pers an em­ployee from Faida Trad­ing and Clear­ing En­ter­prises had ap­proached the bank with the in­ten­tion of mak­ing a money trans­fer to a US com­pany, Amaz­ing Grace. How­ever, in the process the em­ployee had to can­cel the trans­fer af­ter re­al­is­ing he had the wrong bank­ing de­tails. He later came back with the cor­rect de­tails but the Ned­bank cashier trans­ferred the money to the wrong ac­count.

In the suit, which had been drag­ging on since 2013, Faida Trad­ing and Clear­ing En­ter­prises was ask­ing the court to or­der the bank to pay back the US$39 300 wrongly trans­ferred from the com­pany ac­count, plus in­ter­est. In his judg­ment Jus­tice Cheda ul­ti­mately or­dered the bank to pay up, with in­ter­est and le­gal costs.

“I find that the par­ties had a con­trac­tual re­la­tion­ship and de­fen­dant breached the con­tract of safe­guard­ing plain­tiff ’s funds. At the same time de­fen­dant’s em­ployee was neg­li­gent. In light of her ex­pe­ri­ence, she was aware of the preva­lence of cy­ber crimes in the bank­ing sec­tor. For that rea­son, she should have taken ad­e­quate steps to pro­tect plain­tiff ’s funds. She was there­fore neg­li­gent in the cir­cum­stances and con­se­quently li­a­bil­ity at­taches to de­fen­dant,” reads part of the judg­ment.

In his sec­ond high pro­file judg­ment, Jus­tice Cheda heard the case where six coun­cil­lors were chal­leng­ing their dis­missal by King Im­manuel Kauluma Eli­fas of the On­donga King­dom. De­spite pres­sure from the King’s le­gal team and the On­donga King­dom, Jus­tice Cheda granted an or­der com­pelling King Eli­fas to give oral tes­ti­mony in the mat­ter in which the coun­cil­lors were chal­leng­ing their dis­missal. The king’s le­gal team had un­suc­cess­fully ar­gued that the ap­pli­ca­tion to have the king tes­tify was an at­tempt to test his men­tal ca­pa­bil­i­ties in an open court.

“First re­spon­dent by virtue of be­ing a king should not gen­er­ally be brought to court on friv­o­lous grounds, but, only where his sub­jects whom he is sup­posed to rule in har­mony are at each other’s throats and have failed to re­solve their own in­ter­nal dis­putes. This sce­nario re­minds me of Mosquisde Cus­tine, the French writer and trav­eller who said ‘this Em­pire, vast as it is, is only a prison to which the em­peror holds the key’. In­deed 1st re­spon­dent holds the key to this log-jam. The king’s ap­pear­ance and his oral ev­i­dence will no doubt help to clear the first rung of this dis­pute,” reads part of the judg­ment.

The dis­missed coun­cil­lors were for­mer tra­di­tional au­thor­ity chair­per­son Pe­ter Kauluma, for­mer sec­re­tary Joseph Asino, se­nior head­man for the On­dan­gwa dis­trict John Walenga, Ka­manya, Kashona kaMalulu, Tonata Ngulu and Fille­mon Nam­bili.

Although they were still gazetted, the king had re­placed the dis­missed coun­cil­lors with new coun­cil­lors.

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