Prison authorities face fresh N$900 000 lawsuit

16 August 2019 | Justice


Court-ordered mediation related to a N$900 000 lawsuit brought by a Windhoek prisoner in April stalled this month after prison authorities failed to deliver him to the appointment due to a broken vehicle.

Max Kleophas is suing five prison guards, in addition to the safety and security ministry and correctional services, for physical and psychological suffering and trauma he had allegedly sustained in an allegedly unprovoked attack on 7 October 2018.

He alleges that he was unlawfully and wrongfully assaulted by five men – a correctional services superintendent and four senior officers - in the corridor leading to the visitor’s area of the Windhoek prison.

He claims that he was assaulted with “fist punches, kicks with boots, and a hard dry stick all over the body and on the head” while he was handcuffed.

He alleges that he fell to the ground, where the five men continued to assault him “again and over again to the point that [he] became unconscious.”

He claims he was examined by doctors at a hospital two days later, after he had been admitted for “ear pain, neck pain, back pain, stomach pain and post-assault-trauma”.

Further, that on 10 October, a specialist medical report noted that he had sustained “poor hearing as a result of the unjustified and unprovoked assault.”

His medical passport with the doctor’s notes was submitted as evidence.

The five officers named in the lawsuit, as well as the other parties, have indicated they will defend the matter.

In July, the case was referred for court-ordered mediation on 9 August, but a letter by the mediator, Lotta Amubunda, was filed last week notifying the court that the mediation could not take place as the prisoner was not present.

“He is an inmate and the prison authorities did not have transport to bring the plaintiff on time for the mediation as the car that was accordingly available broke down,” she wrote.

She asked that the matter be postponed to 23 August for mediation.

Kleophas is suing for N$200 000 in general damages, in addition to N$500 000 for psychological and emotional pain and suffering, and N$100 000 each for loss of amenities of life and for future medical expenses.

High Court Judge Herman Oosthuizen is presiding, while Kleophas is represented by Francois Bangamwabo and the state parties by government attorney Monique Meyer.

Namibian Sun was unable to establish whether Kleophas was one of the men convicted for the Goreangab Dam murder and robbery in 2007.

In 2014, three men, including a Max Kleophas, were each sentenced to an effective 35 years behind bars for the murder of Windhoek resident Cornelius Swiegers.

Swiegers and his family had gone to the dam to take photos of a passing comet. He was shot point blank in the chest.

Similar News


Wife killer's brutality 'unsurpassed'

8 hours ago | Justice

JANA-MARI SMITHWINDHOEKHigh Court Judge Naomi Shivute has described Andries Hermanus Johannes Scott's brutal trampling to death of his wife, Anna Scott, in August 2017 as...

Alleged wife-beating councillor to plead in August

2 days ago - 13 July 2020 | Justice

Kenya KamboweRUNDU Swapo Ndiyona constituency councillor and National Council member, Eugen Likuwa, who allegedly assaulted and threatened to kill his wife last year during a...

Questions over 'special' status for Sisa

2 days ago - 13 July 2020 | Justice

JEMIMA BEUKESWINDHOEK A lawyer representing former fisheries minister Bernhardt Esau and his son-in-law and co-accused, Tamson Hatuikulipi, wanted to know whether attorney Sisa Namandje is...

ACC underfunding 'hurting' Fishrot accused

5 days ago - 10 July 2020 | Justice

JEMIMA BEUKES WINDHOEK Richard Metcalfe, defence lawyer for former fisheries minister Bernhardt Esau and his son-in-law Tamson Hatuikulipi, yesterday turned Anti-Corruption Commission (ACC) testimony...

Pick n Pay suspect granted bail

5 days ago - 10 July 2020 | Justice

JEANETTE DIERGAARDTWINDHOEK Samuel Shikale, who allegedly assaulted a female shop attendant at the Pick n Pay Mega Centre branch in Kleine Kuppe on Sunday, was...

Pensioner sentenced to life

5 days ago - 10 July 2020 | Justice

nampaOSHAKATIA pensioner has been sentenced to 30 years in prison for murdering his girlfriend and life imprisonment for also stabbing her relative to death. ...

Lawyer's fraud trial to start in October

1 week ago - 07 July 2020 | Justice

NAMPAWINDHOEKThe trial of an estate administrator, who stands accused of fraud and embezzling funds belonging to orphaned children between 2015 and 2017, is now ready...

• Rundu murder case transferred to High Court

1 week ago - 06 July 2020 | Justice

KENYA KAMBOWERUNDUThe murder case of Castro Domingo (34) has been transferred to the Oshakati High Court for plea and trial.Domingo pleaded not guilty to all...

'Councillor punched me till I coughed blood'

2 weeks ago - 01 July 2020 | Justice

KENYA KAMBOWERUNDUKristine Tjarura Likakatere (63), who was allegedly assaulted by her cousin, Rundu Rural constituency councillor Michael Shikongo, says she was slapped and punched in...

Fishcor's Nghipunya denied bail

2 weeks ago - 01 July 2020 | Justice

OGONE TLHAGEWINDHOEKMike Nghipunya, the suspended CEO of the National Fishing Corporation of Namibia (Fishcor), was denied bail by the Windhoek Magistrate's Court yesterday.He is implicated...

Latest News

War vets furious over housing...

8 hours ago | Infrastructure

ILENI NANDJATOONESIPeople's Liberation Army of Namibia (PLAN) pioneer war veterans - most of whom are still living in poverty and squalor - say they are...

Officials 'sabotaging' Swapo-led government

8 hours ago | Government

KENYA KAMBOWERUNDUNational Council audit committee chairperson Lebbeus Tobias has described the neglect of borders and challenges faced by border staff as “sabotage” of the Swapo-led...

Accord war vets the necessary...

8 hours ago | Opinion

War veterans who complained in today's edition of Namibian Sun that government is delaying their so-called 'tokens of appreciation' such as houses and start-up capital...

Fishing company delivers on promise

8 hours ago | Social Issues

KENYA KAMBOWEKASOTEA fishing company has delivered on its promise to build a home for a poverty-stricken family of seven at Kasote village in Kavango West.Two...

Wife killer's brutality 'unsurpassed'

8 hours ago | Justice

JANA-MARI SMITHWINDHOEKHigh Court Judge Naomi Shivute has described Andries Hermanus Johannes Scott's brutal trampling to death of his wife, Anna Scott, in August 2017 as...

Hefty fines for pangolin smuggling

8 hours ago | Crime

ELLANIE SMITWINDHOEKTwo new cases of wildlife crime were reported last week and three suspects were arrested, while two men found guilty of the illegal possession...

Half of Namibians can't afford...

8 hours ago | Disasters

ELLANIE SMITWINDHOEKThe number of hungry people in Namibia has increased by 100 000 in over a decade, according to a United Nations report. However, there...

Corona relief from Agribank

8 hours ago | Agriculture

ELLANIE SMITWINDHOEK Agribank recently kicked off its countrywide stakeholder information workshops on its coronavirus relief stimulus package. The bank introduced the stimulus package on...

WorldSkills Namibia celebrates World Youth...

8 hours ago | Education

ELIZABETH JOSEPHWINDHOEKNamibia today joins the rest of the world in marking World Youth Skills Day, an annual event which recognises the importance of equipping young...

Load More