Valombola docket bungle explained
Valombola docket bungle explained

Valombola docket bungle explained

Jana-Mari Smith
The case against Home Affairs commissioner for refugees Likius Valombola (53), who is free on N$15 000 bail, was postponed on Thursday because the docket was unavailable.

Court officials confirmed yesterday that although the charge sheet had indicated the next court date was set for 8 November, the docket indicated 18 November, a Sunday.

Yesterday, court proceedings resumed as planned as the docket was available. Magistrate Atutala Shikalep postponed the case to 21 January next year for further investigation and plea, but supporters and family said the bungle last week was worrying.

Ndjaba's younger brother, Lamek Ndjaba, said: “When we came to court last Thursday we were told the docket was not available. We went to the police station to find out what had happened and were told by the investigating officer, Detective Sergeant Moses Shivolo, that the docket did not make it because the date written for court was wrong. It was written as 18 November.”

That day is a Sunday, Ndjaba pointed out.

“We told him, you as the investigating officer were supposed to know that. He told us he would make sure it's in court on Monday.”

Dozens of supporters, including Ndjaba's mother, second brother and cousins, as well as his partner and young son, friends and members of the Namibia National Students Organisation (Nanso) attended yesterday's court proceedings.

Some wore shirts with the slogans #JusticeForHelao and #BreakFreeFromViolence.

A friend, Jason Shivute, said the missing docket spurred his supporters even more to ensure Ndjaba's trial remains in the spotlight and is not bogged down by long delays and other problems.

“We are here to show support and to show that we have not forgotten,” he said, noting that last week's bungled docket highlighted the need for his supporters to attend each court date.

“In regard to the docket, we are concerned. Without a docket, there is no case. It also shows how incompetent the system is. We don't know who to blame, the police or the court, for not doing their job. This is the best we can do, to come here and show our support no matter how long it takes.”

He said the frequent delays in trials in Namibia defeat the purpose of justice and his supporters want to show the courts that the system needs to ensure that trials are handled quickly and efficiently.

“The longer these court proceedings take, the longer it takes to serve justice. Our system sometimes takes very long and we are here to show support regardless how long it takes.”

Ndjaba died in May this year, nine days after he had sustained two gunshots to the head in what has been described as a case of road rage.

Valombola told the court during his bail hearing that he had not intended to shoot at Ndjaba but had fired warning shots because he feared for his safety during an altercation. The incident took place late on a Friday night.

Valombola was represented in court yesterday by Ndeli Ndeitwah, while the State was represented by control prosecutor Pieter Smit.

JANA-MARI SMITH

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Namibian Sun 2024-04-20

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