Over the years, Namibia has witnessed cases where judgements or court orders are ignored by parties in civil proceedings.
This can lead one to infer that perhaps civil judgements are not respected or complied with, in contradiction of criminal law judgements.
The general principles of civil procedure require a party against whom a judgement has been given to comply with such judgement.
No judgement or order of court would be of any use to a successful party if it could not be enforced; the purpose of instituting a civil claim is to obtain money owed or other relief claimed.
If a judgement cannot be enforced for one reason or another it is called an academic judgement, meaning it is for scholarly purpose only and thus not effective.
It is trite law that if a defendant or respondent refuses or ignores a court order, law enforcement agencies must take steps to enforce the judgement or court order.
Usually after a court judgement or order is issued against the liable party, the successful party should approach the court for a writ of execution against the liable party – to be executed by a deputy sheriff or messenger of court to attach properties and sell them at a public auction in order to recover the money or realise money to satisfy the judgement.
The law provides a remedy for liable parties who fail to comply with a court order – contempt of court charges.
It constitutes a criminal offence notwithstanding that the judgement was obtained in a civil case.
AIRPORT SAGA
What many litigants do not know, or are not enlightened about, is that they have a right to approach the court and institute civil proceedings to commit the liable party to prison for contempt of court.
This is what the Paragon Investment Holdings joint venture with Ethiopian Airlines and the Namibia Airports Company Limited (NAC) are supposed to do in the case of Menzies Aviation (Namibia).
It is common cause that Menzies Aviation (Namibia) entered into a contractual agreement with the NAC in January 2014 for ground handling services at Hosea Kutako International Airport for five years with the right of renewal for another three years.
During 2022, Menzies Aviation disputed a tender awarded to Paragon for the ground handling services at Windhoek’s Hosea Kutako International Airport.
When Menzies Aviation’s contract ended in mid-2022, it remained in unlawful occupation of the airport premises, which prompted the NAC to approach the High Court for an order to evict the company.
Despite the court order, Menzies Aviation refused to vacate the premises, with various appeals and court applications made to stay judgements and orders issued by the High Court.
Contempt of court consists of the unlawful and intentional violation of the dignity, repute or authority of a judicial body or a judicial officer in his or her judicial capacity.
WHYS AND WHEREFORES
Why have no proceedings been brought to enforce the judgement and court orders against Menzies Aviation?
Conversely, if non-compliance had been committed by a person in a criminal case, it could be met with fierce reaction by law enforcement agencies within 24 hours.
The question is why members or shareholders of Menzies Aviation are not being held liable for contempt of court so that the provisions of section 332 of the Criminal Procedure Act, which deal with the prosecution of corporations and members of associations in Namibia, can be invoked?
Everyone should be treated equally in terms of Namibia’s Constitution which requires that everyone shall be equal before the law.
- Lucas Tshuuya is a social activist from Onaanda in the Uukwambi area.
