Zorena Jantze
A NORTHERN-BASE nurse, Mathilde Kadhikwa, who is being sued for defamation by businessman Shapwa Kanyama and his wife, has said that her comments constitute a critique of government procurement processes. She argues that if Kanyama “caught strays” from her words, it is because he does business with the government, making him an ancillary party to government affairs.
Kadhikwa added that her statements are part of the freedom of expression in political discourse aimed at holding the government accountable. Kanyama is a well-known local businessman who supplies pharmaceuticals to the government.
Kadhikwa is being sued for N$400,000 by Kanyama and his wife after she, in a widely circulated audio, claimed that the government is being destroyed little by little in a deceitful manner and that money is flowing into private pockets. Kadhikwa further alleged that a young child had a wedding that was said to have cost N$10 million, with cars such as Mercedes-Benzes, Range Rovers, and Audis, while hospitals have deteriorated, with insufficient pharmaceutical products. She suggested that the person who is supposed to supply these products is hosting a wedding of that magnitude.
“The defendant’s statements pertain to public funds and the government’s public procurement processes. It is further submitted that the first plaintiff has placed it on record that he is a beneficiary of the same public procurement processes that the defendant was critical about. There is a clear and honest grievance from the defendant about the state of the health sector and the procurement of medical equipment, which emanates from the defendant’s own experiences as a nurse,” said Wilbard Kagola, the nurse’s lawyer, in his heads of arguments.
He added that the plaintiff, Kanyama, had more than enough time to state that the public procurement of the Ministry of Health and Social Services, from which he is a beneficiary, is not corrupt and functions properly within the confines of the law.
In his heads of arguments, Senior Counsel Advocate Raymond Heathcote, representing the Kanyama couple, concurred that issues such as corruption and tender processes, by their very nature, are matters of public interest.
“However, comments made by the defendant are not true, and they can therefore not be considered fair comment. It is therefore submitted that the comments made by the defendant did not have any shred of truth, are defamatory towards the plaintiffs, and could not constitute fair comment,” Heathcote said.
He added that the plaintiffs’ case is that the statements made were wrongful and were intended to injure the first plaintiff’s name, dignity, fame, credit, or reputation, as they suggest that the first plaintiff is dishonest, a corrupt businessman, and that he is committing criminal acts in addition to embezzling public funds for his own benefit.
Heathcote submitted that the defamation was aggravated by the fact that the defendant made the statements immediately after the wedding, while it was still receiving a lot of publicity.
“The effect that the defamatory statements had on the first plaintiff and his wife, the second plaintiff, is that the first plaintiff has been prejudiced in the medical sector, with potential clients being discouraged from doing business with any of his related companies; that he fears being physically and verbally attacked; that he faces public and media accusations for almost all shortcomings of pharmaceutical products in public hospitals; and has had to spend money on improving his security measures, both for himself and his family. The first plaintiff testified that he no longer does business in the private sector since the audio indicated or insinuated that he provides counterfeit products. In fact, the first plaintiff said in re-examination that it is a crime to provide counterfeits, and the statements therefore insinuate that he committed a crime,” Heathcote said.
He further noted that Kanyama’s children have been bullied at school due to Kadhikwa’s sentiments, while his wife, Beata Ndaendelao Kanyama, has faced cyberbullying to the extent that she has closed some social media accounts.
She further testified that Kadhikwa insinuated that she is married to a man who is dishonest, a corrupt businessman who is committing crimes and embezzling public funds for his own benefit.
