Health ministry disputes N$14m default judgment

The health ministry has denied that a N$14 million High Court default judgment was issued against it, saying no such ruling exists and that proper legal procedures were not followed.

In a statement released last week, the ministry expressed “significant concern” over the recent reports of the default judgment.

The ministry rejected reports that an Angolan national currently in custody in Namibia had successfully sued the state for N$14 million after allegedly being prescribed ARVs despite testing HIV-negative.

Ministry executive director Penda Ithindi said the ministry had conducted a thorough internal and legal review and found no basis for the default judgment.

“Following comprehensive assessments conducted in consultation with principal representatives of government (government attorneys) and a thorough review of court files and internal records, the ministry confirms that no default judgment with respect to the claim of N$14 million has been granted against the government.”

He added that it had been established that “the legal proceedings forming the basis of these reports were not properly served on the government, thereby invalidating any potential basis for a default judgment”.

Default issued

The clarification follows reports that a High Court order dated 13 November 2024 granted default judgment in favour of Matheus Shakola against senior health officials and a clinic nurse.

According to court documents, the claimant alleged he was wrongly placed on ARV treatment in 2019 despite not being HIV-positive, resulting in serious illness. He later claimed the court ordered compensation of N$14 million and sought payment through the Angolan embassy in Windhoek, citing the lack of a Namibian bank account.

The case has been further complicated by inconsistencies in the claimant’s identity, with court records reflecting different names and dates of birth. The Namibian Correctional Service has confirmed that a detainee named Shakola is being held at Windhoek prison but said it has no record of an Angolan identity document under that name.

Ministry responds

At the time of the initial report, the health ministry confirmed it was aware of the purported judgment but said it could not comment further.

“The ministry reiterates its commitment to adhering to all legal processes and ensuring that due diligence is exercised in all judicial matters involving the state," it said in the recent statement.

The ministry also urged media outlets and the general public to follow appropriate channels for verification of sensitive information with the relevant official offices before disseminating such information.

The ministry said it remains “dedicated to transparency and accountability in all its operations” and would provide updates “as legally and appropriately required”.