Stripped and cavity searched
It is alleged the four employees were stripped naked and subjected to demeaning and humiliating cavity searches, after they were accused of stealing the key to the community court cupboard drawer.
Four Ondonga Traditional Authority employees are suing the authority’s secretary Nepando Amupanda and five others for about N$4 million after they were allegedly stripped naked and cavity searched over a missing office key.
The six defendants in the matter are Amupanda, Sergeant Haindongo, senior member of Ondonga royal family Selma Gwanandjokwe Shejavali, Frans Shidhudhu, Naeman Fillemon and Ondonga authority senior councillor Johannes Eino Shondili Amutenya, who were present when the staff were allegedly humiliated.
In a combined summons issued by the Windhoek High Court, dated 26 June, the four are demanding N$975 000 each, while claiming they suffered contumelia (a deliberately offensive act) and were maliciously deprived of their fundamental rights to liberty and dignity.
It is alleged the four employees were stripped naked and subjected to cavity searches by the Ondangwa police at the request of Amupanda, who accused them of stealing the key to the community court cupboard drawer.
“On 22 March at or near the offices of the OTA, Amupanda maliciously, punitively, unlawfully and intentionally ordered his agents to seize (the) plaintiffs persons and deprived them of their personal liberty, alternatively maliciously arrested and detained them in the community court hall,” summons reads.
The staff members say this was done without warrants of arrest and detention or reasonable and probable cause, and in an arbitrary manner.
They further claimed that Haindongo was accompanied by several unidentified police officers, and under his command, they were subjected to strip and body cavity searches while Amupanda looked on.
“At all relevant times to the aforesaid incidents, Haindongo acted in his personal capacity as an agent of Amupanda, who is the unrecognised and un-gazetted acting OTA secretary, and his cohorts,” the summons said.
Each staff members is demanding payment in the amount of N$975 000 each, breakdown as follows: N$275 000 for the malicious, unlawful, flagrant, punitive, oppressive and high-handed deprivation of personal liberty, N$350 000 for pain, suffering, distress and inconvenience and N$350 000 for contumelia.
The four are being assisted by the National Society for Human Rights of Namibia (Namrights).
Namrights executive director Phil Ya Nangoloh confirmed to Namibian Sun that the four approached his office for assistance.
Ondonga king press aide Naeman Amalwa confirmed they have received the summons and that they are ready to defend themselves.
It is alleged the four staff members were asked by the police to undress while Amupanda looked on. They were thoroughly searched.
They alleged that after the searches uncovered no key, Amupanda told them to reveal what has happened to it.
“I wish to vehemently point out that I found the strip and body cavity search to be extremely intrusive, demeaning, dehumanising, indecent, undignified, humiliating, terrifying, unpleasant, embarrassing, repulsive and signifying degradation and submission, as well as a gross and impermissible assault on my human dignity and privacy,” one complainant said.
Ondonga king, Immanuel Kauluma Elifas, appointed Amupanda as the traditional authority secretary in April last year, after he dismissed seven of his traditional councillors, including secretary Joseph Asino, chairperson Peter Kauluma, John Walenga and Vilho Kamanya, Kashona Malulu, Tonata Ngulu and Fillemon Nambili.
ILENI NANDJATO
The six defendants in the matter are Amupanda, Sergeant Haindongo, senior member of Ondonga royal family Selma Gwanandjokwe Shejavali, Frans Shidhudhu, Naeman Fillemon and Ondonga authority senior councillor Johannes Eino Shondili Amutenya, who were present when the staff were allegedly humiliated.
In a combined summons issued by the Windhoek High Court, dated 26 June, the four are demanding N$975 000 each, while claiming they suffered contumelia (a deliberately offensive act) and were maliciously deprived of their fundamental rights to liberty and dignity.
It is alleged the four employees were stripped naked and subjected to cavity searches by the Ondangwa police at the request of Amupanda, who accused them of stealing the key to the community court cupboard drawer.
“On 22 March at or near the offices of the OTA, Amupanda maliciously, punitively, unlawfully and intentionally ordered his agents to seize (the) plaintiffs persons and deprived them of their personal liberty, alternatively maliciously arrested and detained them in the community court hall,” summons reads.
The staff members say this was done without warrants of arrest and detention or reasonable and probable cause, and in an arbitrary manner.
They further claimed that Haindongo was accompanied by several unidentified police officers, and under his command, they were subjected to strip and body cavity searches while Amupanda looked on.
“At all relevant times to the aforesaid incidents, Haindongo acted in his personal capacity as an agent of Amupanda, who is the unrecognised and un-gazetted acting OTA secretary, and his cohorts,” the summons said.
Each staff members is demanding payment in the amount of N$975 000 each, breakdown as follows: N$275 000 for the malicious, unlawful, flagrant, punitive, oppressive and high-handed deprivation of personal liberty, N$350 000 for pain, suffering, distress and inconvenience and N$350 000 for contumelia.
The four are being assisted by the National Society for Human Rights of Namibia (Namrights).
Namrights executive director Phil Ya Nangoloh confirmed to Namibian Sun that the four approached his office for assistance.
Ondonga king press aide Naeman Amalwa confirmed they have received the summons and that they are ready to defend themselves.
It is alleged the four staff members were asked by the police to undress while Amupanda looked on. They were thoroughly searched.
They alleged that after the searches uncovered no key, Amupanda told them to reveal what has happened to it.
“I wish to vehemently point out that I found the strip and body cavity search to be extremely intrusive, demeaning, dehumanising, indecent, undignified, humiliating, terrifying, unpleasant, embarrassing, repulsive and signifying degradation and submission, as well as a gross and impermissible assault on my human dignity and privacy,” one complainant said.
Ondonga king, Immanuel Kauluma Elifas, appointed Amupanda as the traditional authority secretary in April last year, after he dismissed seven of his traditional councillors, including secretary Joseph Asino, chairperson Peter Kauluma, John Walenga and Vilho Kamanya, Kashona Malulu, Tonata Ngulu and Fillemon Nambili.
ILENI NANDJATO
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