Businessman Benjamin Hauwanga and an Ongwediva resident, Simeon Nghinananye, have decided to settle a defamation case in which Hauwanga sued Nghinananye for N$500 000.
A settlement agreement signed by Hauwanga and Nghinananye, who is also known as Potgieter Vilho and Toivo Simeon, has been made an order of the Windhoek High Court after deputy judge president Shafimana Ueitele was informed that the lawsuit between the two men has been settled.
In terms of the settlement agreement, Nghinananye has undertaken not to defame Hauwanga and to “publicly and unreservedly apologise” to Hauwanga.
Nghinananye agreed to issue a formal, written apology to Hauwanga, and to also issue an apology to Hauwanga on his social media platforms.
He further agreed to state in his apology on his social media platforms that allegations he had made about Hauwanga were false and that he would not again make such claims about Hauwanga.
On his part, Hauwanga agreed to withdraw his defamation claim against Nghinananye and that he would not require Nghinananye to pay his legal costs in the matter.
The two men also agreed that Nghinananye should pay Hauwanga N$200 000, but that this payment would be suspended for a period of five years and that Nghinananye would have to make the payment only if he again makes defamatory allegations against Hauwanga.
In his claim against Nghinananye, Hauwanga alleged that Nghinananye made false statements about him in audio recordings that were circulated on social media in 2024.
The statements made by Nghinananye were false and defamatory and depicted him as being a dishonest businessman, a land grabber, stupid, a beneficiary of corruption, and not worthy of being associated with a political campaign of president Netumbo Nandi-Ndaitwah, Hauwanga alleged.
Hauwanga also claimed that Nghinananye alleged he owed Nghinananye money, and alleged Hauwanga used the money he owed Nghinananye in 2022 in a political campaign of Nandi-Ndaitwah against then prime minister Saara Kuugongelwa-Amadhila and minister of environment and tourism Pohamba Shifeta.
Nghinananye is also facing criminal charges under the name Toivo Simeon in connection with remarks he is alleged to have made about Hauwanga.
He was arrested on charges of crimen injuria and contravening a section of the Communications Act of 2009 in December last year, and was released on bail in an amount of N$2 000 after appearing in the Windhoek Magistrate’s Court.
One of the conditions attached to his release on bail was that he is prohibited from posting any content regarding Hauwanga on social media.
Hauwanga was represented by lawyer Kadhila Amoomo in his defamation claim against Nghinananye.
Nghinananye was initially represented by Mathias Kashindi, and later by Wihan Brand.
