Eba Kandovazu
INTERNATIONAL Parliamentary traditions that grant powers, privileges, and immunities to parliamentarians through an act meant to enhance their freedom of speech during debates will be put to the test should justice minister Yvonne Dausab go ahead with a defamation lawsuit against Deputy Leader of the Landless People’s Movement (LPM), Henny Seibeb.
Last week, Seibeb accused Dausab during a live broadcasted parliamentary session of completing the LLB degree of environment minister Pohamba Shifeta.
Dausab, who was a Deputy Dean and lecturer at the Law Faculty at the University of Namibia, threatened to sue Seibeb for N$300 000 in damages unless he publicly apologises.
A letter dated 11 March 2021 and addressed to Trevor Brockerhoff, Dausab’s lawyer, Seibeb’s lawyer, Patrick Kauta made it clear that the opposition party leader will not apologise for his defamatory remarks.
“Your ‘without prejudice’ letter to our client fails to overcome the legal threshold in Section 1 of powers, privileges, and immunities of Act 17 of 1996. The legal threshold is steep and cannot be hurdled by adopting a self-serving restrictive interpretation. As a result, our client declines your demand,” wrote Kauta.
A decision by the Namibian courts on the rights of politicians and their immunities will determine the status of this long-time parliamentary tradition after it was overtaken by the development of electronic media, which immediately broadcasts statements in parliament to the world.
Dausab, on her part, has refused to comment on the matter, insisting that whatever she says may potentially prejudice her decision on how to proceed.
Shifeta, who is at the centre of the allegations, on his part clarified that his LLB degree was obtained at the University of South Africa and not at Unam as alleged by Seibeb.
According to Shifeta, the justice training he completed for admission to the bar also is not a Unam program, although the facilities are at Unam.
“It was chaired by the Chief Justice. I support Dausab fully and I am ready to also file my confirmatory affidavit. Even if I was at Unam, how could a lady have possibly written my examinations if you had to provide your identification card? How could she have gotten past security? It is good. People should learn that running their mouths can cost them. It is important that parliamentarians know that the immunities rule only applies when you say something that has to do with politics. I am not happy at how people in the house just say whatever they want to say and the public consumes it. There is no immunity if you cause injury to someone. It is Crimen Injuria, a crime punishable by law. People’s rights are protected by the Constitution,” Shifeta said.
If Dausab files a lawsuit against Seibeb, she will become the third woman in just a matter of weeks to institute legal action against members of opposition parties for defamation of character.
Last month, first lady, Monica Geingos, confirmed that she is suing the Independent Patriots for Change’s (IPC) Ohangwena mobiliser, Abed Hishoono, for allegedly spreading defamatory and false allegations over her involvement in Fly Westair.
Another woman, Betty Davids, whose real name is Beata Siteketa, instituted both criminal and civil action against the IPC’s spokesperson, Immanuel ‘Imms’ Nashinge, for calling her a prostitute.
Siteketa is demanding N$400 000 in her lawsuit as well as an unconditional retraction and apology from Nashinge over defamatory remarks she claims he made about her on a WhatsApp group discussion.
