Man wins N$14m over ‘wrong’ ARV prescription

In an unusual legal case, man who says he is an Angolan national and uses two different identities has successfully sued the health ministry for N$14 million, claiming he was wrongly prescribed antiretroviral (ARV) medication in 2019 that left him seriously ill.

A High Court order dated 13 November 2024 shows that judge Eileen Rakow granted a default judgment in favour of Matheus Shakola against the then health minister Kalumbi Shangula, the ministry’s former ED Ben Nangombe, and Ohangwena clinic nurse Iipumbo Josephina Martha.

Court documents reviewed by Namibian Sun show that Shakola is currently held behind bars at the Windhoek Correctional Facility and uses the names Abraham Matheus Shakola and Gervásio Ndaudaleni Ndemupa Hilongwa interchangeably.

The name Abraham Matheus Shakola appears throughout the court papers, while in correspondence with the Angolan embassy in Windhoek, the man identifies himself as Gervásio Ndaudaleni Ndemupa Hilongwa.

An identity document issued by the Angolan embassy indicates that he was born on 10 April 1982 in Odjiva in Cunene Province. The same date of birth appears in his application for a Nampost smartcard dated 2 July 2025.

However, a laboratory report from the Namibia Institute of Pathology (NIP) contradicts this information, stating that Shakola was born on 4 April 1974. Notably, the NIP report further states that the patient, Shakola, did not produce an identity document at the time of testing.

In a letter dated 9 September 2025 addressed to the Angolan embassy, the litigant, in this instance identifying himself as Daniel Gervásio Ndaudaleni Ndemupa Hilongwa, states that he is the son of Ndemupa and the holder of Angolan identity document number 008566498CE048.

He does not explain the reason for his incarceration but claims that during his three-year stay in Namibia prior to imprisonment, he was subjected to negligent medical treatment.

“I was administered medication that caused serious illnesses, including HIV, leaving me with lasting complications and requiring permanent medical consultations,” he claims in his lawsuit.

“This led to the opening of a court case, which has since been concluded with a judgment in my favour, ordering compensation of N$14 000 000.”

He also informed the Angolan embassy that he has not received the compensation because he does not have a bank account in Namibia.

In the letter addressed to Pedro Mutindi, an official of the embassy, he requested that the compensation be paid into the Angolan embassy’s account in Windhoek and later transferred to his bank account in Angola once opened.

He also asked that R50 000 be released to him in cash upon his release to cover basic expenses.

Questions sent to the Angolan embassy last week had not been answered by the time of publication.

Identity questions

The Namibian Correctional Service confirmed that a detainee named Shakola is being held at the Windhoek Correctional Facility but said it has no record of his Angolan identity document or any other formal identification.

Correctional services explained that inmates are admitted under the names they provide and that physical identity documents are not required at the point of admission.

Court documents show that Shakola was sentenced on 21 February 2019 and initially transferred from Eenhana Magistrate’s Court to Oshikango Police Station before being moved to Oluno Correctional Facility the following day.

He told the court that he had medication in his possession at the time, but did not specify what it was for.

Shakola says he fell seriously ill on 10 February 2019 and was admitted to the intensive care unit at Tsumeb Hospital.

He claims a doctor later advised him to stop taking antiretroviral (ARV) medication after tests showed he was HIV-negative.

He also alleges that his hospital card, dated 9 January 2018, when he began taking ARV medication, has missing pages. His health passport number is recorded as 66161078.

“At Oluno Correctional Facility, testing was done on 25 February 2019, and the result was negative,” he notes, questioning why he was allegedly not informed of the result.

Ministry aware of judgment

The health ministry confirmed that it is aware of the N$14 million High Court judgment but said it could not comment further as the matter remains under review.

A handwritten statement dated 2 January 2019, bearing the name Matheus Abraham, describes the man as a known antiretroviral therapy (ART) patient who was brought in by an Oshikango police officer. The statement says the officer reported that the patient had lost his medication and health passport while in custody.

The statement further notes that Shakola was last seen at an Ohangwena clinic on 13 December 2018, had been referred to Omuthiya in October 2018 but failed to report, and had been seen multiple times during 2018. It also alleges that he attempted to overdose on ARV medication.

“Through counselling, today he is talking of Matheus Abraham Shakola,” the statement reads.

An NIP laboratory report states that Shakola’s HIV status could not be determined and recommends repeat testing following a viral load assessment.

Shakola’s legal representative, Joseph Andreas of Andreas Hamunyela Legal Practitioners, said his office could not comment as the matter is still before the courts. Andreas was assigned to represent Shakola on 14 May 2025, following the withdrawal of Eino Nangolo from the case.