Claim about ‘witchcraft’ photos to cost artist N$30 000 in defamation case

A Windhoek resident and artist has been ordered to pay his aunt N$30 000, after he claimed on social media that she had taken photographs of himself to a sangoma in northern Namibia.

The order that artist Actofel Ilovu should pay N$30 000 as damages to Maria Fabian, who is his aunt, for a defamatory statement he had made about her was made in a judgement delivered in the Oshakati High Court last week.

Judge David Munsu also ordered Ilovu to apologise to Fabian and retract the defamatory statement he had made on his Facebook account and on a WhatsApp group chat.

He should further pay 20% interest annually on the amount of N$30 000 until the amount has been paid, and should pay Fabian’s legal costs in the case in which she sued him, Munsu ordered.

Fabian sued Ilovu after he claimed on his Facebook account and a Whats
App group chat in February 2022 that she had taken photographs of himself and his stepmother to a Zimbabwean sangoma at Eenhana, and that she and her sister had also taken items that belonged to his late father.

Fabian claimed the statements made by Ilovu were understood to mean that she practised witchcraft and intended to have him “cursed or have calamity brought upon him”, Munsu recounted in his judgement.

Ilovu told the court he was informed the police had found photographs of himself in the possession of a Zimbabwean traditional healer at Eenhana, and also found Fabian’s name written in a book kept by the sangoma, when police officers conducted an operation to clamp down on sangomas at Eenhana.

He also informed the court that Fabian had taken gambling machines, refrigerators, a freezer and stock from his father’s shop after he died, and that his stepmother then sued Fabian to have the items returned.

During the hearing of her case, Fabian maintained that she never took photographs of Ilovu to a witch doctor at Eenhana, Munsu recounted.

In his testimony, Ilovu conceded that he did not see the book in which Fabian’s name was allegedly written at the sangoma’s premises, that he was not told that Fabian had taken his photos to the traditional healer, and that he only heard about Fabian’s name being in the book when a police officer read it to him during a telephone conversation.

The police officer did not testify during the hearing of Fabian’s lawsuit against Ilovu.

Ilovu “did not come close to establishing that it was the plaintiff [Fabian] that took his pictures to the witch doctor”, Munsu said in his judgement.

“He admitted that he did not see the book in which [Fabian’s] name was allegedly written. He also admitted that he was not told by the police that [Fabian] had taken his photos to the traditional healer.”

Munsu noted that none of the people mentioned as having been the source of the information about the photos was called to testify, and that Ilovu’s testimony in that regard was inadmissible hearsay, since it was not confirmed.

“Consequently, this court cannot accept as true [Ilovu’s] assertion that the plaintiff had taken his photos to the witch doctor,” Munsu said.

He said community members take allegations of witchcraft seriously.

“The act of taking another person’s photos to a witch doctor is associated with the practice of witchcraft,” Munsu remarked, before stating that he found Ilovu’s statement that Fabian had taken his photos to the sangoma to be defamatory.

Munsu added: “Especially in an African society where spirituality and witchcraft are prevalent, such statement would be understood to mean that the plaintiff [Fabian] practises witchcraft.”

Belief in witchcraft is still widespread in many African communities and brings about a breakdown in relations between family and community members and neighbours, Munsu added.

Fabian sued Ilovu for N$50 000, but Munsu decided that N$30 000 would be an appropriate amount to award her.

Lawyers Marcia Amupolo and Petrina Hango represented Fabian and Ilovu, respectively.

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