Tubazumbe accuses state justice for dismissing his claim

By Risco Lumamezi

A 39-year-old Namibian male , Mr. Midrix Sinvula Tubazumbe is accusing the state justice system for dismissing his claim of N$ 900,000 for his loss of income , malicious prosecution, physical, psychological and emotional pain and trauma,  and damages for defamation.

Mr. Tubazumbe told Caprivi Vision that He took nine (9) months in police custody without a bail , and was later granted a bail of N$1500 on July 4, 2016.

He expressed his concerns that his reputation in the community has been tarnished for the crime which he did not committed , saying he was a passenger of the taxi driver who robbed and kidnapped the two boys.

Since and after his arrest and at present he is facing difficulties to cope up with his life as some of the people in the community they fear to socialise with him , as they regard him as a kidnapper , and some they are mocking him.

Tubazumbe was 30, at the time when he was arrested by the Namibian Police on October 19 , 2015  and was detained  and charged  with the crimes of kidnapping and robbery.

It was alleged that  he and  two other accused robbed and forced the two complainants  with their cell phones and put them into a boot of a Taxi in which he was a passenger.

He said,  on 17 October 2015 at around 7pm he told the taxi driver that he was going in the town centre of Katima Mulilo at Back Stage when he got a lift from Cowboy.

“ At the time when the complainants were robbed  and forced into the boot of a taxi  I was away buying cigarette when the taxi stopped at the front of the bar” explained Tubazumbe.

Tubazumbe defended himself in court  that he  was alighted from the taxi to buy cigarettes from a nearby bar , when  he returned the complaints were already robbed and placed in the boot without his Knowledge .

Thereafter the Taxi driver decided to navigate to another route which went to the old dumping site , where the taxi was followed by the police until it stopped.

He however managed to get off the taxi and ran into the bushes upon seeing the police officer who came out of the police vehicle who started cocking his gun and pointing it to the taxi driver.

Quoted in his judgment by the High Court of Namibia, “ He was arrested two days after the incident and charged with kidnapping. When the trial was conducted one of the co-accused pleaded guilty and was  sentenced.

He was found not guilty in 2018,  and decided to take the matter to the High Court ”.

He pleaded not guilty. During his trial he was acquitted.

He claimed damages in the total amount of N$900,000.00 as follows: Loss of Income N$50,000;Damages for malicious prosecution N$400,000; Damages for physical ,pscychological and emotional pain and trauma N$250,000 and damages for defamation N$200,000.

Tubazumbe he is the former employee of the Namibia Red Cross where he worked as the Health Care Giver.

High Court Judgment

His defence was that at the time when the complainants were robbed and forced into boot of the taxi, he had alighted from the  taxi to buy cigarettes from a nearby bar, and when he returned the complainants were already robbed and placed in the boot without his knowledge.

He sued the Prosecutor General (PG) for malicious prosecution on the basis that there was no reasonable and probable  cause to prosecute him and that she was actuated by an improper motive or malice.

“ The PG denied malicious prosecution and argued that there was a case for him to answer and that the decision was taken based. On the evidence which was in the. Docket.”

He Tubazumbe ( the plaintiff)  failed to adduce evidence that the PG acted without reasonable and  probable cause and that she had been actuated  by improper motive or malice.

He also failed to bring forward in argument to prove that he suffered damages as claimed.

On 14 September 2022 Judge Nate Ndauendapo , of the High Court of Namibia in Windhoek handed down the matter between him  as the plaintiff verses Minister of Safety and Security and others.

The action was dismissed  without costs , and the matter was finalised and removed from the court roll.

He was represented by Ms. Happy Ntelamo-Matswetu of Ntelamo-Matswetu & Associates in Windhoek.