Staff Reporter
THE former Minister of Agriculture, Water and Land Reform, Dr Mac Albert Hengari, who had been jettisoned from office following a scandal involving allegations of rape and bribery towards a 21-year-old woman, has fired back, claiming damages of N$10 million for what he described as an “unlawful” arrest.
In a letter, his legal representatives, Weder, Kauta & Hoveka (WKH), said that they have instructions to institute legal action against the Minister of Home Affairs, Immigration, Safety and Security in her official capacity as the head of the Namibian Police, the Inspector-General of the Namibian Police, and Chief Inspector Vaino Werner, amongst others, for unlawful arrest and detention during the period of April 2025 until he was released pursuant to a bail application.
“It is our further instruction that on or about 26 April 2025, our client was unlawfully arrested without any warrant of arrest being issued by a magistrate in connection with trumped-up charges. At the time of the arrest, our client was not properly informed about the grounds of such arrest and detention,” the law firm wrote.
They further stated that when Hengari appeared in court on 28 April 2025, he was notified of the trumped-up charges being attempting to defeat or obstruct the course of justice, read with provisions of the Riotous Assemblies Act.
The law firm said that these charges were later altered to obstructing the course of justice, corruptly giving gratification, and incitement to commit an offence of compounding.
“However, the Prosecutor-General, in accordance with the provisions of Section 122(i) of Act 51 of 1977, decided to arraign our client on the following charges: Count 1, contravening Section 34 of the Anti-Corruption Act; Count 2, bribery; alternative to Count 2, attempted bribery; Count 3, defeating or obstructing the course of justice; and alternative to Count 3, attempting to defeat or obstruct the course of justice,” WKH wrote.
The firm added that there was no probable cause for Hengari’s arrest and that he suffered substantial losses in relation to his good name and reputation, as well as from the fact that he was deprived of his liberty for a substantial period of time.
“In the circumstances, this letter serves as proper notice to you that unless we receive N$ 10 million for such unlawful arrest and detention within 30 days from the date of receipt of this letter, our client will be left with no other alternative but to issue summons and proceed with the action against the Minister, Inspector-General, as well as those members of the Namibian Police,” the law firm wrote.
The WKH law firm said that Hengari lacks the required particulars of the case in order to defend himself, and that what is more concerning is that the case does not establish a prima facie case against Hengari.
