An inmate at Oluno Correctional Facility at Ondangwa is suing the state for N$7.35 million over being assaulted by correctional officers, leaving him permanently injured.
Samuel Mbango has launched two civil claims against the Namibian Correctional Service (NCS) and the Ministry of Home Affairs, Immigration, Safety and Security.
Mbango says correctional officers assaulted him on two separate occasions, leaving him physically impaired, emotionally traumatised and fearing for his life.
He is accusing six correctional officers of assault, intimidation, negligence, and violating his constitutional rights.
Mbango lodged his first claim in March, according to which he is seeking N$1 million in damages for an incident he says took place on 26 March.
He says he was violently attacked by correctional officer Paulus Johanness for refusing to eat dry rice without sauce, upon which he asked to be taken to the facility’s clinic.
According to court documents, while being escorted by officers, Johannes struck him in the right eye, while four other officers allegedly twisted and restrained his arms, preventing him from defending himself.
Mbango says he was subsequently treated at both the Oluno facility’s clinic and Oshakati Intermediate Hospital.
He claims this assault was a direct act of retaliation as he had earlier lodged a formal complaint regarding the food served and alleged mistreatment by prison staff.
He says he was later threatened by Johannes, who warned him not to pursue legal action or open cases against correctional officers.
For this first incident, Mbango seeks N$450 000 for the physical assault, N$350 000 for emotional trauma, and N$250 000 for ongoing insomnia.
His second claim, lodged in May, centres on an event that took place on 26 November 2024.
Mbango says he intervened when he saw officers assaulting fellow inmates near the kitchen corridor.
A senior officer, ‘M Abraham’, then ordered six officers to beat him for speaking up, he says.
Mbango claims they used fists, kicks, slaps and even tear gas sprayed into his eyes and over his body, causing injuries to his eyes, lips, arms, back and knees.
An orthopaedic specialist at Onandjokwe Intermediate Hospital diagnosed Mbango with acute lower back pain on 18 March and warned of a 90% chance the damage is irreversible.
The doctors reportedly recommended that he wear an orthopaedic belt permanently and warned that there was a 90% chance his condition is irreversible.
According to Mbango, this injury has severely impacted his mobility, and doctors have indicated that it may affect his ability to work or even have children in the future.
For this incident, Mbango is seeking N$6.3 million in damages. This amount includes N$750 000 for physical assault, N$450 000 for emotional trauma and distress, N$350 000 for insomnia, N$1.25 million for the loss of potential income due to impaired physical ability, and N$3.5 million for permanent disability and lifelong medical care.
In both lawsuits, Mbango accuses the state and its correctional officers of failing to protect him, instead subjecting him to violence, intimidation, and degrading treatment.
He says the officers ignored protocol under the Correctional Service Act of 2012 and violated international human rights guidelines.
Mbango plans to support his claims with medical documentation, as well as written complaints previously submitted to prison authorities.
He also claims prison officials have failed to comply with a doctor-prescribed dietary instruction.
Mbango is asking the court to award interest on the claimed amounts at a rate of 20% per year from the date of judgement until full payment, as well as full legal costs, including fees for both an instructing and instructed legal counsel.
Oluno Correctional Facility spokesperson Jeremiah Veiko yesterday said the correctional facility is aware of the lawsuit, but denied that Mbango was assaulted.
“There was no sort of assault on the inmate. I can assure you that we don’t assault inmates. What we do is we put strict measures and sanctions in place to reprimand them for wrongdoing.
“This includes limited phone calls, suspended visits, and negative case notes, but we don’t go physical with inmates to address their discipline issues,” he said.
NCD commissioner general Raphael Hamunyela yesterday said he was not aware of this specific lawsuit, but added that inmates often institute fake lawsuits against the NCS.
“There are loopholes which inmates are trying to use to get money,” he said.
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