Teek loses payout bid

14 March 2018 | Justice

The N$6.8 million lawsuit brought by retired Supreme Court judge Pio Teek against the justice minister and the ombudsman was yesterday dismissed in the High Court in Windhoek.

Judge Herman Oosthuizen, presiding over the lawsuit, in his dismissal stated that the summons and particulars of the claim against the three foreign judges were “bad in law and that no relief in money could be claimed with the summons and particulars of claim in this case”.

Teek had sued the minister and ombudsman for malicious and undue lengthy delays, and the unlawful failure to speedily serve the combined summons against the South African appeal judges Piet Streicher, Kenneth Mthiyane and Fritz Brand, had grossly violated his constitutional and statutory rights. The delay had allegedly resulted in his financial loss.

The three had heard the State's appeal against Teek's discharge by South African Judge Ronnie Bosielo in 2006 on child abduction, rape and other charges, and referred the case for retrial.

The State claimed that Bosielo erred when he found that they did not prove beyond a reasonable doubt that Teek was guilty and also criticised the manner in which the police handled the investigation.

Judge Oosthuizen said the summons against the foreign judges was issued by the registrar but was not served before its withdrawal.

He emphasised the present case for damages instituted by Teek relied on a non-service of summons and therefore, no legal action could follow.

The judge added that the particulars of the claim failed to plead for the jurisdiction of the court and “I find that the Namibian High Court could not assume jurisdiction in the case of the three judges”.

“Not one of the four factors, that is, domicile of the defendants within the state, their residence, the fact that they are foreign nationals, and presence of property of defendants within the state was properly pleaded,” the judge stated.

He emphasised that it was necessary for Teek to allege and disclose facts in his particulars of claim against the three foreign judges to show that Namibian High Court would have had effective jurisdiction.

The attorney-general had in September 2010, in response to the request of the registrar of the High Court to facilitate the service of summons on the said judges, said it could not be processed due to non-compliance with Rule 5 of the High Court rules and in the absence of a legislative framework.

Judge Elton Hoff on 18 June 2010 had consequently removed Teek's appeal from the roll pursuant to Rule 5.

Teek had argued that unlawful actions, conduct and decisions were taken with the settled malicious intent to prevent him from prosecuting the action and to be compensated by the said judges.

The unlawful conduct was the material and direct cause of his decision to withdraw and abandon his civil action against the South African judges.

He also allegedly pleaded to the ombudsman for remedial assistance but that this was to no avail and that the latter also flagrantly ignored requests to meet him.

When, on 10 June 2013, the ombudsman did not reply to his request to attend to his complaint, he lodged a complaint against the ombudsman before the Judicial Service Commission.

The former judge had maintained that he had a good case against the three judges and would have succeeded in obtaining damages against them.

Teek had argued that because of the conduct of justice minister he was never able to bring that case and hence he had lost the money he would have obtained.


Similar News


Mass action against Swakop Uranium

2 days ago - 12 December 2018 | Justice

Swakop Uranium is being dragged to court by 706 of its workers in two different matters, with claims totalling more than N$53 million.Yesterday, at a...

Nghiwete fights back

3 days ago - 11 December 2018 | Justice

Suspended CEO of the Namibia Students Financial Assistance Fund (NSFAF), Hilya Nghiwete, has filed an application with the High Court in which she claims that...

Oontamanana pokati kehangano lyaNamib Mills naBokomo

3 days ago - 11 December 2018 | Justice

Mondukumende dhawo dhompangu, menindjela gwomalanditho moNamib Mills, Pieter van Niekerk, okwa popi kutya kashi li mondjila pamulandu gwomathigathano mongeshefa Bokomo Namibia a longithe oombaapila dhokupakela...

Millers in vetkoek fight

1 week ago - 07 December 2018 | Justice

Namib Mills is suing Bokomo Namibia for alleged unfair competition and wants the High Court to interdict Bokomo from selling its 'vetkoek flour mix' in...

Six-month 'payment holiday' mooted

1 week ago - 07 December 2018 | Justice

The government has urged commercial banks to introduce an assistance scheme that would give people who lose their jobs a six-month “payment holiday” in which...

Back to court in fight to evict illegal settlers

1 week ago - 07 December 2018 | Justice

The legal battle to evict seven Gam farmers accused of illegally occupying parts of the Nyae Nyae communal conservancy for nearly a decade is set...

No docket in court for child-rape case

1 week ago - 07 December 2018 | Justice

Alleged serial rapist Gewen Gawa-nab (24) appeared before the Katutura Magistrate's Court on Wednesday but the docket was not available and Magistrate Loide Amwaandi-Ndangi had...

Lecturer denied bail after shootings

1 week ago - 06 December 2018 | Justice

A 44-year-old Unam lecturer, who allegedly shot and injured two men on Monday night in Rundu's Kehemu location, was denied bail by the Rundu Magistrate's...

Sale in execution turns sour

1 week ago - 06 December 2018 | Justice

In an urgent application in the High Court yesterday, Old Mutual Holdings was accused of acting unreasonably and without justification after the company withdrew instructions...

Personally liable

1 week ago - 05 December 2018 | Justice

Deputy Chief Justice Petrus Damaseb has warned magistrates and judges that they could be held personally liable if they are found guilty of negligence and...

Latest News

'Fix it yourselves'

1 hour ago | Government

Tenants of government flats at Rundu have made an impassioned plea to the works ministry to do major renovations to the premises, which is falling...

Cuban doctor charged with rape

1 hour ago | Crime

ELLANIE SMIT A Cuban doctor has been arrested in connection with the alleged rape of a colleague at a local Windhoek state hospital’s flats.Dr...

Refining your leadership skills

1 hour ago | Columns

As a small business owner, it's crucial to be a confident and effective leader, as this will establish your credibility in the eyes of your...

A leader by heart and...

1 hour ago | People

Elizabeth JosephSarel van Zyl, CEO of FirstRand Namibia, has been in the hot seat for the last four years and he has not slowed the...

A Pandora's Box

1 hour ago | Columns

The shocking revelation that police officers across the country are beholden to cash loans, and in fact spend N$40 million a month on servicing loans...

Cheques phased out by Bank...

1 hour ago | Banking

Bank Windhoek’s final cut-off date for processing of cheques as a means of payment will be 30 June 2019. “This is to meet the Namibian...

Maengahama yields great fruit

1 hour ago | People

Elizabeth JosephAfter Maengahama finished high school he immediately started laying the foundation for his future. In 2007 he started at Deloitte and studied long-distance with...

Exam results out on 20...

1 hour ago | Education

The education ministry will release the provisional grade 10 and grade 12 higher level results for fulltime and part-time candidates on 20 December.The ministry will...

Three girls drown in sand...

1 hour ago | Accidents

Three girls, aged 11, 13 and 15, drowned in pits left by sand miners in the Ohangwena Region this week.Some of the pits date back...

Load More