Elderly herder electrocuted by faulty power line, sues Nored for N$1.3m

In October 2023, Vilho Namolo (72) was herding his animals at Ouhongo village in the Ohangwena region. He inadvertently stepped on a live electric wire on the ground.

As a result, he suffered a severe electric shock, which caused electric burns and open wounds on his arms, legs, feet, neck and back.

He still visits the hospital to get his wounds dressed and for further treatment.

Namolo received medical treatment at the Engela District Hospital, where he was hospitalised for two months.

He was allegedly burned by a wire that was hanging from an overhead power line belonging to the Northern Regional Electricity Distributor (Nored).

Namolo and his wife Tuyenikelao (63) have since filed a civil lawsuit against Nored in the High Court.

According to the couple’s particulars of claim, Namolo suffered pain, emotional shock and trauma. They also claim that Namolo is permanently disfigured on his toes, that he has permanent scars on his arms and stomach and that he has lost amenities of life and enjoyment of life.

His wife suffered loss of time and companionship with him, intimacy, enjoyment of a lifelong partnership, loss of comfort, support and solace.

She also lost the assistance and services of her husband.

In their court document, the couple allege that Nored and its employees used incorrect materials in constructing the power line, compromising the structure. The couple also accuse Nored of failing to comply with national standards for electricity distribution infrastructure.

The couple’s claims are supported by a July 2024 investigative report from the Electricity Control Board (ECB), the statutory regulator, which confirmed that Nored used the wrong fittings in the T-off structure – specifically ‘twin rabbit ties’ instead of the correct ‘rabbit dead ends’.

The ECB report labelled this a construction defect and found no evidence that Nored properly inspected or commissioned the line before activating it. The report concluded that Nored was negligent and should be held liable for Namolo’s injuries.

The Namolos are seeking a total of N$1.3 million in damages, broken down as follows: N$250 000 for Namolo’s pain and suffering, N$100 000 for emotional shock and trauma, N$250 000 for permanent disfigurement, N$200 000 for loss of enjoyment of life and N$200 000 for future medical expenses, while his wife wants N$300 000 for loss of consortium.

The couple is also requesting 20% interest on the awarded amounts from the date of judgement until payment is made, as well as legal costs.

An ECB report by its customer complaint committee chairperson, Johann Malan, suggests that Namolo should approach Nored for compensation due to Nored’s negligence during the construction, commissioning and operation of the line.

“If Nored is not forthcoming, the complainant should approach the courts for relief on the basis of Nored’s negligence. The court would consider the issue of contributory negligence by the complainant, if at all, in not seeing the cable,” Malan wrote.

Malan also accused Nored of being negligent in not ensuring the proper construction, testing, commissioning and operation of the line.

“Nored must compensate the complainant,” he says.

He suggests that other Nored power lines also be inspected to ensure line construction requirements are met.

“Nored must investigate the possibility of suing the contractor for the relevant line for faulty workmanship, taking into consideration the possible defence of prescription. Nored must ensure that all new lines are properly inspected and tested before commissioning the lines,” Malan says.

Malan’s report was cemented by ECB chief executive Robert Kahimise, who wrote to Namolo’s family on 2 August last year that Namolo should approach Nored for compensation due to Nored’s negligence during the construction, commissioning and operation of the line.

However, Nored acting chief executive Toivo Shovaleka wrote to the Namolo family in September last year that Nored “offers no compensation to Vilho Namolo”.

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