Staff Writer
The High Court has ordered the Namibian Police Inspector General, Sebastian Ndeitunga, and the home affairs ministry to compensate and reinstate a police constable who got discharged after participating in a programme on Eagle FM.
The officer, Gerhard Amadhila Tshimweetheleni, was given his marching orders by the police after he took part in a programme discussion about the Swapo party’s 60th anniversary during the early days of Covid-19.
A ruling issued on the matter said that the decisions taken by Ndeitunga and Kapofi must be set aside.
“An order be issued in terms of which decisions by the Inspector-General of the Namibian Police Force and the minister of Home Affairs, Immigration, Safety and Security convicting the applicant of the violation of Regulation 15 (n) of the Regulations under the Police Act, Act 19 of 1990, are set aside.”
“An order be issued in terms of which the decisions of the Inspector General of the Namibian Police Force and the minister of Home Affairs, Immigration, Safety and Security to discharge the applicant from the Namibian Police Force are set aside,” reads the ruling.
At the same time, Tshimweetheleni’s backpay of his remuneration will now, within 30 days of the signature of an agreement between both parties, be deposited in a trust account of his lawyer, Norman-Elago Incorporate Trust, according to the court.
Kapofi and Ndeitunga have also been ordered to jointly and severely pay the taxed costs of the applicant into the account of the lawyer within 30 days of the taxation of the officer’s bill of costs.
In the meantime, the agreement between the parties has been made an order of the court.
Tshimweetheleni participated in the morning programme Unpacking the Day on 8 June 2020 at around 08h37.
Documents seen by Eagle FM say that Tshimweetheleni accused the police force of being discriminatory and preferential in executing their duties.
According to the documents, Tshimweetheleni caused embarrassment and/or brought the Namibian police into disrepute.
Furthermore, the documents say that Tshimweetheleni conducted himself in a disgraceful, improper, or unbecoming manner.
Ndeitunga said after considering all the facts of the matter, he found it necessary to discharge Tshimweetheleni from the force with effect from 30 November 2020.
The officer then resorted to the services of his lawyer and instituted legal proceedings against Ndeitunga and Kapofi, seeking redress.
