Man beaten by game rangers cries foul


A -39 -year old man, Mr. Lister Nyambe Lubanda is seeking compensations from the state after he was allegedly tortured by game rangers on August 4, 2011.

Mr. Nyambe who is the resident of Kwalala village in the Kabbe Area, eastern Caprivi claims that he was unlawfully assaulted and detained by game rangers .

Concerned Man, Mr. Lister Nyambe Lubanda,
Concerned Man, Mr. Lister Nyambe Lubanda,
Mr. Lister Nyambe Lubanda(right) and left is Mr.Leo  Mnakapa, NamRights Para Legal Officer in Caprivi Region.
Mr. Lister Nyambe Lubanda(right) and left is Mr.Leo Mnakapa, NamRights Para Legal Officer in Caprivi Region.

He told Caprivi Vision that he was suspected for killing an  elephant which was found at Lyangwe village in the Bukalo Area at about 40 Kilometers  away the town of Katima Mulilo.

He added that he was seated in his house at around 14hrs  in that fateful day of  August 4,2011 when ten (10) game rangers from the Ministry of Environment and Tourism in Caprivi region together with the game guards of the Salambala Conservancy entered his house in a  breakthrough without  a warrant of search when they took his 308 riffle and his fire arm license  and they surrounded and handcuffed him then started beating and kicking him.

“ I was hand cuffed and the game rangers kicked and beaten me while  I was hand cuffed” quashed Mr. Nyambe.

Article 8 ( 2) (b)  of the Namibian constitution forbids that ‘ No person shall be subject to torture or to cruel, inhuman  or degrading  treatment  or punishment’ .

He said , was forced to enter  in the van and  taken to the scene where the  elephant was killed, where he was hardly beaten up and was taken back to his village . At around 1 AM the following day during night when he was asleep , game guards from Salambala Conservancy went to him with intention to arrest him  which he refused to come out from his house after his brother resisted that he was not the person who killed the elephant , then game rangers from the ministry were called in from Katima Mulilo at the same time they were at his village and they also started beating his young brother for quarrelling with the game guards and they then took Mr. Nyambe into the van with force while handcuffed , they drove the GRN vehicle to their offices in BOMA  in the same night where  he was then beaten up “ they hammered me with some sharp nails on my hands while I was handcuffed” he explained.

He was kept up to the morning when he was handed  to the Namibian Police Katima Mulilo cell 4 where he appeared before the magistrate who granted him a bail of N$ 2,500.

“ Why did they  not arrest me in a  good and peaceful manner ? that’s why I want them to compensate me for the tortures I have sustained under them ” he said.

After paying his bail of N$2500.00 he was admitted for two weeks by Katima Mulilo State Hospital where he was severely suffering from the internal bleeding .

According to the affidavits of his medical practitioner Dr. Simbi of the Katima Mulilo State Hospital, confirmed that his two kidneys where injured in the process of tortures.

“About the head injuries, when they were beating and kicking me on my head, I became hysterically and unconscious. Hence, I was always confusing and fleeting seeing things that was not exist. That is why  I have  indicated on my legal aid form that I have  suffered a slightly brain damage at the time” he explained.

Concerned Mr. Nyambe still challenging the state that “ I just want to be compensated, because I was not found guilty in the competent court of law, they  have just beaten an innocent person( me)   what crime did  I commit? And  I end up being both in the police holding cell and in hospital  bed because of them.”

In terms of Article 18  and Article 25(2) read together  with Article  95 (h) of the Namibian constitution that make provisions for any aggrieved person to have the right to seek justice.

In the letter dated October 5, 2011, Mr. Jatiel Mudamburi the Control Prosecutor of Katima Mulilo District Court indicated that “The matter was withdrawn at court on 4th October 2011 due to the non availability or non submission of the docket by investigating officer”.His case number  is A330/11 and Katima Mulilo CR is 50/08/11.

After seeking for the violation of his fundamental freedoms, Mr. Nyambe’s application for the legal aid was approved by the Ministry of Justice in Windhoek and his legal Aid Lawyer is Mr. Krugar Vavireen who was not available for comment at the time of going for press to explain on the latest development of his client.

However , Mr.Leo  Mnakapa, NamRights Para Legal Officer in Caprivi Region who assisted in forwarding the application for legal aid to the relevant authorities after Mr. Nyambe’s case was withdrawn confirmed  Mr. Nyambe’s incidence as something which was done unconstitutional  and he urged the state justice system to take its cause to the perpetrators of his torture.

“ The state must not always delay and postpone cases of  such nature because it affects the vulnerable  and  the victims while the perpetrators go away without facing  the law, they are taking advantage by impunity ( a person committing a crime knows that nothing will happen to him or her) ”  he said .

Mr. Mnakapa , also alleged that most letters which are referred by his office to the legal aid department in Windhoek are being hidden for reasons which are not known, “ how can a letter for legal aid should disappear.? ” he cautioned that several posts (letters) of his clients used to disappear  on the way before reaching its destinations.

Other sources in the Ministry of Environment and Tourism  who opted to remain anonymous  told this paper that they was no such  incidence  to happen since ever that is similar to Mr.Nyambe’s case in Caprivi region .








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