SPYL man has to pay for his words

ALLEGATIONS that a business in Oranjemund was funded with money stolen by former minister Hidipo Hamutenya has resulted in a Swapo Party Youth League member receiving a N$60 000 slap from the High Court.

Judge Kato van Niekerk on Friday instructed SPYL member Lazarus Nangolo to pay Oranjemund businessman Stephanus ‘Steven’ Unoovene the money after finding Nangolo guilty of character defamation. Nangolo, while addressing Swapo Party rallies at Oranjemund on November 16 last year and March 10 this year, alleged that Unoovene’s business had received money that Hamutenya had allegedly stolen.Hamutenya quit Swapo last year and is leader of the Rally for Democracy and Progress.Unoovene told the High Court on July 18 this year that Nangolo’s statements caused him to suffer financially and also harmed his reputation.Judge van Niekerk said Nangolo’s statements were understood by those he addressed that Unoovene had obtained the money for his business in an unlawful manner, that he was not law abiding, and that he was not trustworthy.”It is further alleged that the words carry the additional sting that plaintiff is a thief and that he is dishonest and without moral fibre,” van Niekerk said in her judgement.Unoovene also told the court that he had lost the trust and respect of members of the Oranjemund community after Nangolo made the statements.There was also a change in attitude by community members towards his wife, because she is married to a “thief”, he said.Unoovene filed a claim of N$250 000 and presented financial statements to the court to show how his business was negatively affected by Nangolo’s statements.Judge van Niekerk said she found Nangolo’s statements defamatory.Nangolo did not defend himself in the case.The Judge said she had great difficulty with the manner in which Unoovene sought to prove his loss of income, but found that the defamatory statements had affected his business negatively.”The fact that they were made at meetings of a political nature indicate that they were intended to influence the attendees negatively against the plaintiff for some reason.”In my view the award should also reflect to some extent the need for persons to use public platforms with the necessary discretion and circumspection when making statements which may be unlawful and which may have harmful consequences to others,” she said.Van Niekerk said many people probably believed what Nangolo said about Unoovene and were likely to view him, his wife and his business with suspicion and less respect than before.She awarded damages of N$60 000 to Unoovene and also instructed Nangolo to pay the costs of the suit.Nangolo, while addressing Swapo Party rallies at Oranjemund on November 16 last year and March 10 this year, alleged that Unoovene’s business had received money that Hamutenya had allegedly stolen.Hamutenya quit Swapo last year and is leader of the Rally for Democracy and Progress. Unoovene told the High Court on July 18 this year that Nangolo’s statements caused him to suffer financially and also harmed his reputation.Judge van Niekerk said Nangolo’s statements were understood by those he addressed that Unoovene had obtained the money for his business in an unlawful manner, that he was not law abiding, and that he was not trustworthy.”It is further alleged that the words carry the additional sting that plaintiff is a thief and that he is dishonest and without moral fibre,” van Niekerk said in her judgement.Unoovene also told the court that he had lost the trust and respect of members of the Oranjemund community after Nangolo made the statements.There was also a change in attitude by community members towards his wife, because she is married to a “thief”, he said.Unoovene filed a claim of N$250 000 and presented financial statements to the court to show how his business was negatively affected by Nangolo’s statements.Judge van Niekerk said she found Nangolo’s statements defamatory.Nangolo did not defend himself in the case.The Judge said she had great difficulty with the manner in which Unoovene sought to prove his loss of income, but found that the defamatory statements had affected his business negatively.”The fact that they were made at meetings of a political nature indicate that they were intended to influence the attendees negatively against the plaintiff for some reason.”In my view the award should also reflect to some extent the need for persons to use public platforms with the necessary discretion and circumspection when making statements which may be unlawful and which may have harmful consequences to others,” she said.Van Niekerk said many people probably believed what Nangolo said about Unoovene and were likely to view him, his wife and his business with suspicion and less respect than before.She awarded damages of N$60 000 to Unoovene and also instructed Nangolo to pay the costs of the suit.