Family sues govt over fatal Onhuno roadblock shooting

The family of a man shot dead by police at Onhuno roadblock last year has instituted a N$3.5 million civil claim against the government, alleging unlawful killing and loss of financial support.

Court papers filed in the High Court of Namibia show that three plaintiffs - including the minor son and parents of the late Eliud Shilongo Hamukwa - are seeking damages totalling N$3.5 million from the state.

The lawsuit, lodged this week through lawyer Norman Tjombe, cites the government as the sole defendant, represented by the minister responsible for policing.

A preliminary police report last year stated that Hamukwa got into an altercation with an officer after the truck he was driving was stopped, and the two occupants were told they held insufficient documentation.

Hamukwa, ultimately, police alleged, got into the truck and drove it forward in the direction of a female officer manning the checkpoint, resulting in another male officer pulling out his firearm and shooting at the truck.

One bullet struck the Hamukwaya in the stomach, killing him on the spot.

According to the particulars of the claim filed in court this week, Hamukwa was allegedly “unlawfully and wrongfully shot and killed” by police officer Dimbulukeni Nhamila (43), stating that he was acting within the course and scope of his employment at the time, rendering the state vicariously liable for his actions.

The family argues that the shooting deprived them not only of a breadwinner but also caused severe emotional trauma requiring psychological care.

The deceased’s minor son is claiming N$2.3 million, including N$2 million for emotional pain and suffering, and N$300 000 for loss of support.

Hamukwa’s father and mother are each claiming N$600 000, split between emotional distress and loss of financial support.

In addition, the family is seeking interest at 20% per annum and legal costs.

Incident under scrutiny

The civil action stems from a widely reported fatal shooting at the Onhuno road traffic checkpoint.

Police confirmed at the time that Hamukwa, a 38-year-old truck driver, was shot during an altercation with officers after failing to produce weighbridge documentation.

Authorities alleged that the situation escalated when Hamukwa became involved in a dispute. At one point, a truck was driven towards an officer, prompting the use of lethal force.

However, the family disputes this version, maintaining in court papers that the killing was unlawful.

Criminal case and fallout

Following the incident, Namhila was arrested and charged with murder.

He was denied bail in the Ohangwena Magistrate’s Court shortly after his arrest, and investigations have been ongoing.

The case drew national attention, with the family staging calls for justice and raising concerns about police use of force and accountability.

Reports at the time indicated that Hamukwa was the sole breadwinner for his family, intensifying the financial and emotional impact of his death.

In the summons, the government has been given 21 days to indicate whether it intends to defend the claim.

Should it fail to do so, the court may grant judgment in favour of the plaintiffs by default.