• By Staff Reporter

Patrick Kauta, the lawyer representing bribery accused former minister Mac Albert Hengari, has threatened Confidente with a court subpoena, should the newspaper fail to grant him access to recordings and pictures taken at the scene of the former lawmakers’ arrest. 

Confidente understands that the lawyer was planning to build a case against the Namibian police on allegations that the arrest of the former minister was orchestrated to disgrace and embarrass him.   President Netumbo Nandi-Ndaitwah relieved Hengari of his duties as parliamentarian and minister, barely two days before his first paycheck, following his arrest on 26 April 2025.

 He was arrested in the parking lot of a popular entertainment spot after the Namibian police got wind of his intention to offer monetary bribe to his alleged rape victim. Monies amounting to N$230,000 was found in his possession and he was arrested with his alleged accomplice, who is also the victim’s biological brother, Simon Hanga. 

Earlier this month, Kauta called Confidente’s Editor-In-Chief, Max Hamata demanding the material on behalf of Hengari. Subpoenas for Hamata and Confidente’s News Editor, Jeremiah Ndjoze, were written but not delivered.   “We are not in a position to give them access to any of our content that pertains to the matter. 

Mr. Kauta should understand that it is our duty as journalists in a media outlet to protect investigative material, including pictures, through source protection and journalistic privilege,” Hamata explained.  “Source confidentiality, often referred to as reporter’s privilege, is a crucial aspect of journalistic ethics and legal frameworks. This allows journalists to protect the identities of individuals who provide information in confidence, ensuring that sources can speak freely without fear of reprisal or legal pressure,” Hamata further stressed. 

Ndjoze added: “Using the law as a weapon to suppress the media is fast becoming a trend in this country. And this should be discouraged at all cost,” .

THE DEMANDS
Through his law firm, Dr Weder, Kauta & Hoveka INC, Kauta stated that Ndjoze, is required to appear in person before court at the Windhoek Magistrate’s Office “to give evidence or to produce photographs, audio recordings, videos, papers, documents and/or materials on behalf of the Accused 1 [Hengari] in the matter,” and to bring with and produce the said materials. A similar subpoena was also prepared for Hamata. 

The lawyer further requested the printed issue 305 of the Confidente newspaper in which the Hengari’s arrest was documented. In addition, he also demanded telephone recordings between the journalists and members of the Namibian Police amongst other.

THE CASE
Hengari, was remanded in custody after his bid to be released failed on Friday afternoon.  Magistrate Monica Andjaba dismissed the application on the basis that the argument is premature and unsubstantiated.  Andjaba further added that Hengari has not brought a formal bail application before the court, despite being in custody for over a month and thus, his unlawful arrest cannot be proven.  

She further maintained that the former lawmaker remains in custody due to a warrant of detention issued by the court and not due to an unlawful arrest by the police.  As such, the magistrate ruled that both Hengari and co accused Simon Hanga, be remanded in custody for further investigations. Hengari is scheduled to appear in the Windhoek Magistrate’s Court again on 12 June.

PROTESTERS
On Tuesday morning, protestors took to the Windhoek CBD and called for Hengari to be set free. “Clearly, for all to see, the arrest of Dr. Mac Hengari appears to have been coordinated by NAMPOL staffers for a predetermined outcome. That outcome was his sacking by all means necessary in their streetwise book. 

This violation of rights by NAMPOL spells one trouble for us as a nation. We are back to square one when the apartheid regime of the National Party was executing the same horrendous acts in the name of practicing the law,” the protesters spokesperson, Rirua Komeheke said. 

“Release Dr. Hengari, for you all have nothing on him as there are no charges hitherto. Start to think of how to re-instate Dr. Hengari as a reparation of his dignity,” the group demanded.