Killer sues for N$700k
A convicted murderer is suing the State for an assault in prison which he says was an order from an assistant commissioner.
A man serving 20 years behind bars for his role in the murder of a Namibian Defence Force colonel during an armed robbery near Windhoek 10 years ago is attempting to sue the safety and security ministry and four others for N$700 000.
Petrus Bwanga, who is serving his sentence at the Windhoek Correctional Facility, claims he suffered multiple lacerations, bruises all over his body, and a serious injury to his right eye following an “unlawful, unprovoked and unjustified assault” that he claims took place on 7 December 2017 in an office at the prison.
In an amended particulars of claim filed with the High Court in August last year, Bwanga lists four correctional service officers from the Windhoek prison as having played a role in the assault.
He claims that the assault took place in the office of an “Assistant Commissioner Rooi”, whom he alleges instructed three others to attack him.
His amended particulars of claim list Senior Superintendent Mosi Mosinane, Warrant Officer Shimbome, and Sergeant Bobby Boestan as his alleged attackers.
He further alleges that on the same day, he was assaulted again a little later, by one of the defendants, and was punched in the stomach, face and poked in his right, injured eye.
In his founding affidavit, submitted in November last year, Bwanga also lists a sixth respondent, the attorney-general's office.
Bwanga further claims that despite his injuries, he was denied specialist medical treatment for the eye injury, which he claims was in order to “conceal the evidence of their unlawful and criminal conduct”.
Moreover, that he was only able to be medically examined by a doctor two days after the alleged assault, and again a week later.
Mbanga is claiming damages totalling N$700 000.
He is claiming N$500 000 for the pain and suffering endured and an additional N$200 000 in damages for contumelia.
Contumelia is a legal term for a deliberately offensive act or something producing the effect of deliberate disrespect.
The safety ministry is defending the case, which was first registered at the Windhoek High Court in March 2018. Mbanga has successfully applied for legal aid.
The parties to the case, which was scheduled for a status hearing on Thursday, underwent settlement negotiations in March this year. However, the parties failed to agree on the terms of the settlement and the case is ongoing.
In April 2015, Bwanga, who was 29 at the time, was found guilty of murder and robbery, alongside two accomplices, Amon Fillemon and Thomas Erastus following the deadly robbery of NDF colonel Elias Katanga (55) close to the Brakwater weighbridge in November 2009.
The three men had been accused of a carrying out an armed robbery and Fillemon was ultimately held responsible for the fatal shot that killed Katanga.
During the trial, Mbanga denied he had taken part in the robbery.
Francois Bangamwabo of FB Law Chambers is acting on behalf of Bwanga, while Jabulani Ncube is acting on behalf of the defendants, including the correctional officers.
The case has been postponed to 6 June for another status hearing.
JANA-MARI SMITH
Petrus Bwanga, who is serving his sentence at the Windhoek Correctional Facility, claims he suffered multiple lacerations, bruises all over his body, and a serious injury to his right eye following an “unlawful, unprovoked and unjustified assault” that he claims took place on 7 December 2017 in an office at the prison.
In an amended particulars of claim filed with the High Court in August last year, Bwanga lists four correctional service officers from the Windhoek prison as having played a role in the assault.
He claims that the assault took place in the office of an “Assistant Commissioner Rooi”, whom he alleges instructed three others to attack him.
His amended particulars of claim list Senior Superintendent Mosi Mosinane, Warrant Officer Shimbome, and Sergeant Bobby Boestan as his alleged attackers.
He further alleges that on the same day, he was assaulted again a little later, by one of the defendants, and was punched in the stomach, face and poked in his right, injured eye.
In his founding affidavit, submitted in November last year, Bwanga also lists a sixth respondent, the attorney-general's office.
Bwanga further claims that despite his injuries, he was denied specialist medical treatment for the eye injury, which he claims was in order to “conceal the evidence of their unlawful and criminal conduct”.
Moreover, that he was only able to be medically examined by a doctor two days after the alleged assault, and again a week later.
Mbanga is claiming damages totalling N$700 000.
He is claiming N$500 000 for the pain and suffering endured and an additional N$200 000 in damages for contumelia.
Contumelia is a legal term for a deliberately offensive act or something producing the effect of deliberate disrespect.
The safety ministry is defending the case, which was first registered at the Windhoek High Court in March 2018. Mbanga has successfully applied for legal aid.
The parties to the case, which was scheduled for a status hearing on Thursday, underwent settlement negotiations in March this year. However, the parties failed to agree on the terms of the settlement and the case is ongoing.
In April 2015, Bwanga, who was 29 at the time, was found guilty of murder and robbery, alongside two accomplices, Amon Fillemon and Thomas Erastus following the deadly robbery of NDF colonel Elias Katanga (55) close to the Brakwater weighbridge in November 2009.
The three men had been accused of a carrying out an armed robbery and Fillemon was ultimately held responsible for the fatal shot that killed Katanga.
During the trial, Mbanga denied he had taken part in the robbery.
Francois Bangamwabo of FB Law Chambers is acting on behalf of Bwanga, while Jabulani Ncube is acting on behalf of the defendants, including the correctional officers.
The case has been postponed to 6 June for another status hearing.
JANA-MARI SMITH
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