Samuel Shinedima
THE High Court of Namibia on Wednesday gave the Ministry of Home Affairs, Immigration, Safety and Security one more chance to file a court document in a matter in which the Ministry is sued by an inmate for alleged assault.
The Ministry was mandated to submit its amended request on or before 25 November 2021 but failed to do so on time.
Earlier in 2021, Jonathan Hunibe, an inmate at the Mariental correctional facility in the Hardap region, took the Ministry to court, claiming that he was assaulted by an official at the facility.
Hunibe alleged that he suffered severe chest pain, amongst others, and these allegations were supported by both the eye witness and a medical examination document presented before the court. Hunibed submitted claims for the damages he suffered and the matter is sub-judice.
Arguing before the court as to why the court must pardon them, Ndiriraro Kauari, counsel for the defendants, reasoned that an ex-colleague, Aina Ndungula, previously handled the matter.
He said that Ndungula resigned from the office of the Government Attorneys on 31 January 2022, and before that date, she was on compassionate leave.
Kauari further argued that before Ndungula resigned, she was inundated with other matters that she needed to finalise before leaving the Government Attorneys.
He said, as a result, Ndungula could not file the amended plea timeously as directed by the court. In support of Kauri’s arguments, supporting confirmation by Ndungula was filed.
The defence lawyer requested for the upliftment of the sanctions against his client, and that condonation be granted.
He stated that the failure to file the defendants’ amended plea timeously was neither willful nor intentional nor a result of any deliberate conduct by the defendants or their legal practitioners.
Insofar as the application by the Ministry is concerned, condonation was granted and the matter adjourned to 28 April for a status hearing.
