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Defence chief sues IPC councillor for N$500 000

Martin Pinehas

Namibian Defence Force (NDF) chief Martin Pinehas is suing an Independent Patriots for Change (IPC) councillor for defamation.

Pinehas is demanding N$500 000 in damages from Omuthiya councillor Nghipudilo ya Shiindi over comments she made on social media.

Ya Shiindi, a TikTok creator, allegedly accused Pinehas of plotting to harm IPC president Panduleni Itula.

According to court documents filed by Pinehas’ lawyer, Sisa Namandje, Ya Shiindi’s statements, which were made on 29 November last year, were widely circulated on various social media platforms.

Pinehas says the remarks were false, malicious and intended to damage his reputation and violate his dignity.

The alleged remarks include accusations that Pinehas held a meeting at the Grootfontein Military Base on 27 November 2024, the day Namibians participated in the now-disputed presidential and National Assembly elections, to plan to harm or assassinate Itula.

A translated version of Ya Shiindi’s alleged statement, included in Pinehas’ court filing, reads in part: “We are privy to that meeting, and we are saying: Should anything happen to the incoming president, Dr Panduleni Itula, you are going to be very answerable to that.

“We know of all your plans . . . don’t you dare . . . because this is 2024, and you guys are trying to pee on the peace and stability that you keep on preaching.”

Pinehas claims these statements were false and defamatory, suggesting that he uses his position as NDF chief for political purposes and engages in criminal activities, including endangering citizens’ lives.

The lawsuit further claims that Ya Shiindi’s statements implied that Pinehas was using the NDF to harm Itula, that he was involved in acts likely to disturb peace in Namibia, and that he has no respect for the rule of law.

He said the suggestions were made simply to score political points.

Pinehas is, therefore, claiming N$500 000 for damages suffered, violation of dignity, and harm to his reputation.

In addition to the monetary damages, he is seeking a declaratory order from the High Court stating that Ya Shiindi’s statements are false.

He is also demanding an unconditional retraction of the statements and a sincere apology.

Namandje filed the claim on 16 January.

Ya Shiindi’s lawyer, Dirk Conradie, filed a notice of intention to defend on Monday.

A case planning conference is scheduled for 12 February.

ALREADY APOLOGISED

However, Ya Shiindi offered a public apology to Pinehas in a TikTok video on 29 November, saying the allegations she made were unfounded and had caused Pinehas damage.

“I hereby apologise to him, air marshal Martin Kambulu Pinehas, for the damage this may have caused. I understand that I made these allegations on a non-factual and misinformed basis, and I personally take full responsibility,” Ya Shiindi said in a short video.

Namibian courts have over the years appeared to favour prominent individuals approaching them for comments made on social media.

In December last year, the High Court ordered retired nurse Mathilde Kadhikwa to pay businessman Shapwa Kanyama and his wife Beata N$130 000 in damages, as well as their legal costs that could amount to N$643 000 in total.

In 2021, Kanyama’s wife sued IPC spokesperson Imms Nashinge for N$400 000 in a defamation case.

Nashinge agreed to pay N$60 000 “for the harm caused to [Beata’s] name and dignity”.

In 2022, then first lady Monica Geingos won a case against Ohangwena-based teacher Abed Hishoono.

She won the case, but later forgave Hishoono.

In August last year, deputy minister of finance and public enterprises Maureen Hinda won a defamation case against Affirmative Repositioning leader Job Amupanda, who was ordered to pay Hinda N$100 000.

The High Court at the time also ordered Amupanda to pay Hinda’s legal costs.

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