Confusion in Nujoma vs Green case

CONFUSION reigns over whether a former manager at the Social Security Commission (SSC), Avril Green, has in fact received a summons demanding N$3 million in damages on behalf of former President Sam Nujoma.

Lawyers for the two sides traded letters yesterday as Green’s side continued to claim that they had yet to receive the summons. Sisa Namandje, Nujoma’s lawyer, confirmed last week that they had served Green with a summons for alleged defamation.However, Metcalfe wrote back yesterday, claiming that Namandje seemed “to be somewhat confused”.”The reason for this submission is that no such summons was served on our client,” Metcalfe said.He added that Green had only received the summons issued against The Namibian newspaper and its journalist Werner Menges.The former President claimed damages of N$5 million against the newspaper after it reported on August 10 2005, under the headline ‘Nujoma named in Avid scandal’, a story based on an affidavit by Green submitted to a Companies Act inquiry on the missing SSC investment of N$30 million.Green alleged in his affidavit that he had been approached by Ralph Blaauw, a former Swapo MP, on January 3 last year.”He [Blaauw] told me that he had been sent by a higher authority to introduce Avid Investment Corporation (Pty) Ltd to the SSC.”He told me that he represents Avid …and that 80 per cent of the shares in the Investment Company belongs to the Swapo Party Youth League which resorts under the President of Namibia.He also told me that the President had a share in the company but that it would not be disclosed anywhere,” Green said in the affidavit.Namandje said the deputy sheriff of the court at Okahandja, Edgar Brendt Cowley, served the summons on Marilyn Cloete on September 22 at 183 Ossman Street.She was at Green’s premises and he explained to her the nature and effect of the summons.Namandje said it was unfortunate that Metcalfe claimed the announcement that Nujoma was suing Green was confusing.Namandje said his office received a document from Cowley, which shows he served Green with the summons, and would rely on it.”We do not know from where your client got hold of the copies of a different matter, as the responsibility of serving of court processes is not ours, but for the Deputy Sheriff,” Namandje wrote back.His office, however, furnished a copy of the return-of-service document and the summons to Metcalfe’s office yesterday morning.”Should your client not file his notice to defend, if he so wishes, we will proceed with further steps,” Namandje said in the letter to Metcalfe.Lawyers for The Namibian have already filed notice of their intention to defend the case.The Companies Act hearing last August turned into a sensational case in which the unveiling of corrupt deals made headlines for weeks.The expose also toppled a number of top names in Namibia, leading to the demise of the then SSC Chief Executive, Tuli Hiveluah, who quit his post on the eve of a disciplinary hearing; the discrediting of former Swapo Youth League Secretary General, Paulus Kapia, who resigned his ministerial post; and, most sensational of all, the apparent suicide of Lazarus Kandara, one of the Avid kingpins.Green was fired by the Social Security Commission in March after an internal disciplinary hearing found him guilty of gross negligence and dereliction of duty for his role in transferring N$30 million in SSC funds to Avid Investment Corporation.Sisa Namandje, Nujoma’s lawyer, confirmed last week that they had served Green with a summons for alleged defamation.However, Metcalfe wrote back yesterday, claiming that Namandje seemed “to be somewhat confused”.”The reason for this submission is that no such summons was served on our client,” Metcalfe said.He added that Green had only received the summons issued against The Namibian newspaper and its journalist Werner Menges.The former President claimed damages of N$5 million against the newspaper after it reported on August 10 2005, under the headline ‘Nujoma named in Avid scandal’, a story based on an affidavit by Green submitted to a Companies Act inquiry on the missing SSC investment of N$30 million.Green alleged in his affidavit that he had been approached by Ralph Blaauw, a former Swapo MP, on January 3 last year.”He [Blaauw] told me that he had been sent by a higher authority to introduce Avid Investment Corporation (Pty) Ltd to the SSC.”He told me that he represents Avid …and that 80 per cent of the shares in the Investment Company belongs to the Swapo Party Youth League which resorts under the President of Namibia.He also told me that the President had a share in the company but that it would not be disclosed anywhere,” Green said in the affidavit.Namandje said the deputy sheriff of the court at Okahandja, Edgar Brendt Cowley, served the summons on Marilyn Cloete on September 22 at 183 Ossman Street.She was at Green’s premises and he explained to her the nature and effect of the summons.Namandje said it was unfortunate that Metcalfe claimed the announcement that Nujoma was suing Green was confusing.Namandje said his office received a document from Cowley, which shows he served Green with the summons, and would rely on it.”We do not know from where your client got hold of the copies of a different matter, as the responsibility of serving of court processes is not ours, but for the Deputy Sheriff,” Namandje wrote back.His office, however, furnished a copy of the return-of-service document and the summons to Metcalfe’s office yesterday morning.”Should your client not file his notice to defend, if he so wishes, we will proceed with further steps,” Namandje said in the letter to Metcalfe.Lawyers for The Namibian have already filed notice of their intention to defend the case.The Companies Act hearing last August turned into a sensational case in which the unveiling of corrupt deals made headlines for weeks.The expose also toppled a number of top names in Namibia, leading to the demise of the then SSC Chief Executive, Tuli Hiveluah, who quit his post on the eve of a disciplinary hearing; the discrediting of former Swapo Youth League Secretary General, Paulus Kapia, who resigned his ministerial post; and, most sensational of all, the apparent suicide of Lazarus Kandara, one of the Avid kingpins.Green was fired by the Social Security Commission in March after an internal disciplinary hearing found him guilty of gross negligence and dereliction of duty for his role in transferring N$30 million in SSC funds to Avid Investment Corporation.