Former Erongo governor Neville Andre is suing the Independent Patriots for Change (IPC) and the party’s parliamentary leader, Imms Nashinge, for N$150 000, claiming that Nashinge made defamatory remarks about him during a radio interview.
In a case filed at the Windhoek High Court and in which the extent of freedom of speech and political criticism could be facing a test, Andre is claiming that Nashinge made “false and defamatory statements” about him during an interview broadcast by Omulunga Radio on 13 May this year.
Andre is suing both the IPC and Nashinge in connection with remarks allegedly made by Nashinge during the interview, and is asking the court to order the party and Nashinge to pay N$150 000 to him.
The former governor is also asking the court to direct the IPC and Nashinge to publicly retract the remarks made by Nashinge, to make an unconditional apology to him, and to not repeat the remarks he claims were defamatory.
Andre is asserting that Nashinge said the governor instigated people to demonstrate and had said Walvis Bay was dirty as part of a strategy to sabotage the IPC, which is part of a coalition of parties in control of the Walvis Bay Town Council.
Andre is also alleging that Nashinge said he (Andre) amended a list of beneficiaries after a devastating fire in the Twaloloka informal settlement of Walvis Bay to include Swapo members, and that Andre sabotaged municipal services by being involved in or condoning sabotage.
Nashinge’s statements “were false and published with the intention to defame the plaintiff [Andre], or alternatively, with reckless disregard for the truth and without any lawful justification or privilege,” it is further alleged in Andre’s claim against the IPC and Nashinge.
Andre is claiming that Nashinge’s remarks were defamatory and were understood by the reasonable listener to mean that he “is a corrupt, dishonest and unfit public official who abuses his position for political purposes”, that he incites violence and unrest, disrupts service delivery and undermines governance, and manipulates official processes for partisan advantage.
Andre is further denying the allegations made by Nashinge, and says in his claim he has never instigated or incited unrest, had never sabotaged any service delivery initiative, has never amended any beneficiary list for political gain, and has never interfered in municipal operations unlawfully.
Nashinge’s remarks caused him “severe reputational harm, emotional distress and public ridicule”, as a result of which the IPC and Nashinge should be ordered to pay N$150 000 to him, it is also alleged in Andre’s claim.
It is stated in the claim that Andre’s legal practitioners addressed a letter of demand to the IPC and Nashinge on 16 May.
They demanded a full retraction of Nashinge’s remarks, a written apology, documentary evidence to support the allegations and an undertaking not to repeat the alleged defamatory statements, but the demand was not met.
The IPC and Nashinge, represented by lawyer Dirk Conradie, have given notice that they intend to oppose Andre’s claim.
The matter was postponed yesterday, with a case management hearing scheduled to take place on 6 November.
