Bank entitled to cut ties with abusive client, judge says

A businessman accused of making death threats and racial remarks towards bank employees has failed with an attempt in the Windhoek High Court to stop a bank from ending its business relationship with him.

Bank Windhoek was entitled to end its relationship with businessman Simon Andjamba and 22 close corporations and companies of Andjamba, judge Esi Schimming-Chase found in a judgement delivered in the Windhoek High Court on Tuesday.

Schimming-Chase made the finding in a judgement on an urgent application that Andjamba and 22 of his companies and close corporations filed against Bank Windhoek in an attempt to stop the bank from ending its banking relationship with him.

Andjamba’s corporate entities include the close corporations Oluzizi Guesthouse, Oshoolela Shopping Centre and Oluzizi Petroleum Namibia, and the company Oluzizi Engineering Construction.

According to the bank, it took the step of ending its relationship with Andjamba in July this year after Andjamba made death threats against a bank manager in July 2024 and at the start of July this year assaulted a bank representative by grabbing him by the collar and neck, while also directing racial remarks at him. The second incident was reported to the police, Schimming-Chase noted in her judgement.

The bank’s case is that Andjamba’s conduct constituted criminal offences, including crimen injuria, common assault and violations of the Racial Discrimination Prohibition Act, Schimming-Chase said.

Also according to the bank, it was entitled to terminate its banking relationship with Andjamba and his companies and close corporations because of his abusive conduct toward the bank’s employees, Schimming-Chase noted as well.

She remarked about Andjamba’s behaviour: “In my view, such conduct fundamentally undermines any banker-client relationship. The bank has legitimate obligations to protect its employees’ dignity, safety and welfare.”

Schimming-Chase also said: “The allegations against Mr Andjamba are serious: death threats in July 2024 and physical assault with racial abuse on 1 July 2025.”

Andjamba’s response to the allegations in an affidavit filed at the court was “notably weak”, Schimming-Chase commented.

Andjamba’s alleged misconduct – death threats and physical assault with racial abuse – provided ample justification for Bank Windhoek to terminate its relationship with him, Schimming-Chase said.

The court was informed that the bank gave notice to Andjamba that their banking relationship would be terminated at the end of April 2026.

Andjamba and his corporate entities were represented by Sisa Namandje when oral arguments on their urgent application were heard by Schimming-Chase nearly three weeks ago.

Bank Windhoek was represented by Tuhafeni Muhongo.

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