Welder sues govt for N$6m
Gideon Karlush says he could not attend to his tenders in southern Angola because home affairs officials took his documents prohibiting him from travelling.
A 29-year-old Namibian welder, who claims to have lost the opportunity for two tenders worth N$4.8 million in Angola in 2014 after his documents were allegedly seized by home affairs officials, is now suing government for N$6 million for damages he suffered.
Gideon Karlush, who hails from Outapi in the Omusati Region, has been looking for justice in the Oshakati High Court since May 2017.
The government and the home affairs ministry are the respondents in the matter.
The matter will be heard again on 3 July.
Court documents seen by Namibian Sun show that Karlush is demanding compensation from the state to the tune of N$6 million for the damages he suffered and loss of income, when his documents were allegedly confiscated by home affairs officials. This, he says, prevented him from getting a passport to travel to Angola to carry out the work on his welding tenders.
One tender was for work at Lubango while the other was at Benguela.
Apart from not being able to travel to Angola for the work, Karlush said he was also denied his democratic right to vote in the 2014 general elections, as his voter's card was also allegedly confiscated.
Karlush told the court his troubles started on 27 August 2014 during the Ongwediva Annual Trade Fair, when he applied for a passport at the ministry's stall. He said he needed to travel to Angola to perform the work on the two tenders he had secured.
He alleges he completed the forms and walked away from the stall. Shortly thereafter, he said he was called back by the officials and says they accused him of not being a Namibian citizen and said his documents were fake.
The documents, he says, were confiscated were his full birth certificate, electoral voter's card and Angolan border pass.
“When my documents were seized and with some still not returned, I could not travel to Angola and commence with the work. I could have made millions from those tenders but today I am subjected to poverty,” Karlush said.
He added he had already sent his equipment worth N$30 000 to Lubango in Angola where his first tender was, and in the process, he lost everything.
Before turning to the High Court, Karlush's counsel at Inonge Mainga Attorneys wrote a letter dated 20 February 2015 to home affairs permanent secretary Patrick Nandago airing his grievances.
On 30 March 2015, Nandago responded saying the matter is receiving the ministry's “utmost attention”.
“Kindly be informed that the above-stated matter is receiving our utmost attention and that we will revert back to you soonest,” Nandago said.
Karlush received no relief and after approaching the High Court, the matter was sent for mediation, but the parties could not come to an agreement.
In their responding documents, the government, along with the ministry, says Karlush's documents were never confiscated, the state only issued him a border pass limiting travel as far as Santa Clara.
They accused him of breaking law, saying he could not have received tenders in towns beyond Santa Clara.
“The plaintiff could not have worked on tenders in the towns mentioned in the tender document, as by travelling beyond Santa Clara, he would have been breaking the law. One does not approach the court with dirty hands,” they argued.
The defendants further said it is not responsible for Karlush not being able to vote in the 2014 general elections, as his voter's card was never confiscated and added they had received no application for such.
This is despite Karlush having provided the receipt of the N$160 he had paid for the application.
“Defendants propose that plaintiff withdraws the claim and each party pays its cost,” the documents read.
Suffering
Karlush, a father of two, told Namibian Sun that the legal costs have drained him financially although he says he will continue looking for justice.
He said it is becoming increasingly difficult to take care of his family and the nine court postponements have only increased his burden.
“I used to be the breadwinner, but not anymore. When I lost those two tenders, I lost my equipment and starting over is not easy. Jobs are hard to find and I am stuck at my village working in the mahangu field,” Karlush said.
“I am tired of living like this, I used to work for money and provide for my people, not this sitting at home and being in court all the time.”
Judge Maphios Cheda is presiding over the matter and Inonge Mainga-Sisamu represents Karlush.
KENYA KAMBOWE
Gideon Karlush, who hails from Outapi in the Omusati Region, has been looking for justice in the Oshakati High Court since May 2017.
The government and the home affairs ministry are the respondents in the matter.
The matter will be heard again on 3 July.
Court documents seen by Namibian Sun show that Karlush is demanding compensation from the state to the tune of N$6 million for the damages he suffered and loss of income, when his documents were allegedly confiscated by home affairs officials. This, he says, prevented him from getting a passport to travel to Angola to carry out the work on his welding tenders.
One tender was for work at Lubango while the other was at Benguela.
Apart from not being able to travel to Angola for the work, Karlush said he was also denied his democratic right to vote in the 2014 general elections, as his voter's card was also allegedly confiscated.
Karlush told the court his troubles started on 27 August 2014 during the Ongwediva Annual Trade Fair, when he applied for a passport at the ministry's stall. He said he needed to travel to Angola to perform the work on the two tenders he had secured.
He alleges he completed the forms and walked away from the stall. Shortly thereafter, he said he was called back by the officials and says they accused him of not being a Namibian citizen and said his documents were fake.
The documents, he says, were confiscated were his full birth certificate, electoral voter's card and Angolan border pass.
“When my documents were seized and with some still not returned, I could not travel to Angola and commence with the work. I could have made millions from those tenders but today I am subjected to poverty,” Karlush said.
He added he had already sent his equipment worth N$30 000 to Lubango in Angola where his first tender was, and in the process, he lost everything.
Before turning to the High Court, Karlush's counsel at Inonge Mainga Attorneys wrote a letter dated 20 February 2015 to home affairs permanent secretary Patrick Nandago airing his grievances.
On 30 March 2015, Nandago responded saying the matter is receiving the ministry's “utmost attention”.
“Kindly be informed that the above-stated matter is receiving our utmost attention and that we will revert back to you soonest,” Nandago said.
Karlush received no relief and after approaching the High Court, the matter was sent for mediation, but the parties could not come to an agreement.
In their responding documents, the government, along with the ministry, says Karlush's documents were never confiscated, the state only issued him a border pass limiting travel as far as Santa Clara.
They accused him of breaking law, saying he could not have received tenders in towns beyond Santa Clara.
“The plaintiff could not have worked on tenders in the towns mentioned in the tender document, as by travelling beyond Santa Clara, he would have been breaking the law. One does not approach the court with dirty hands,” they argued.
The defendants further said it is not responsible for Karlush not being able to vote in the 2014 general elections, as his voter's card was never confiscated and added they had received no application for such.
This is despite Karlush having provided the receipt of the N$160 he had paid for the application.
“Defendants propose that plaintiff withdraws the claim and each party pays its cost,” the documents read.
Suffering
Karlush, a father of two, told Namibian Sun that the legal costs have drained him financially although he says he will continue looking for justice.
He said it is becoming increasingly difficult to take care of his family and the nine court postponements have only increased his burden.
“I used to be the breadwinner, but not anymore. When I lost those two tenders, I lost my equipment and starting over is not easy. Jobs are hard to find and I am stuck at my village working in the mahangu field,” Karlush said.
“I am tired of living like this, I used to work for money and provide for my people, not this sitting at home and being in court all the time.”
Judge Maphios Cheda is presiding over the matter and Inonge Mainga-Sisamu represents Karlush.
KENYA KAMBOWE
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