Samuel Shinedima
THE High Court of Namibia has ordered the Ministry of Home Affairs, Immigration, Safety, and Security to pay former Commander of the Namibian Defence Force (NDF), Major General Thomas Nghilifavali Hamunyela “Nopoudjuu” N$200 000 for being unlawfully arrested.
Hamunyela was arrested at his farm in Kavango on allegations of stock theft in January 2021 after he was accused of stealing five cattle, comprised of three oxen and two cows, valued at N$29 000.
During the lawsuit trial, Sisa Namandje, the lawyer representing the war veteran, said to the court that the Namibian Police unlawfully and erroneously arrested the veteran on January 12, 2021. He was subsequently held in custody until his release on bail on January 15, 2021. Namandje emphasized that Hamunyela is an esteemed freedom fighter with a remarkable and illustrious military record in the liberation struggle. The deprivation of his liberty through detention did not adhere to the legal procedures mandated by Article 7 of the Namibian Constitution.
The former general’s lawyer emphasized that, as per military procedures and protocols, a high-ranking officer like a General can only be apprehended following established guidelines. Ideally, such an arrest should not be conducted by lower-ranking personnel like Warrant Officers. The lawyer also indicated that the manner in which the arrest was carried out was a severe and inhumane attack on the ex-general’s dignity, lacking any reasonable justification.
Initially, Hamunyela demanded to be compensated N$420 000, but the court ruled that the war veteran should receive N$200 000 instead, and that the Ministry should also pay for the legal fees for his lawyer.
