Retired major general sues police

• By Hertta-Maria Amutenja

Retired Major general, Thomas Ngilifavali Hamunyela has instituted legal proceedings against his former employer, the Ministry of Home Affairs, Immigration Safety and Security for an alleged unlawful arrest and is claiming N$350 000 in compensation.

Hamunyela is claiming N$150 000 for unlawful arrest and N$100 000 for further detention for the three days he was detained in a holding cell earlier this year in January in Rundu.

“The arrest and detention were not necessary and appropriate as the members of the police did not have any fear that the plaintiff (Hamunyela) if given summons would appear in court. There was no reasonable suspicion that the plaintiff had committed any offence and there was no warrant for the plaintiff’s arrest,” stated the court documents.

Confidente has it on good record that the 64-year-old Hamunyela was arrested in the Kavango West region at his farm on January 12 for stock theft charges of three oxen and two cows, with a combined value of N$20 000.

He appeared before acting magistrate Rufinus Hikerua and prosecutor Hilia Munzenze.

He indicated to the court that he would not seek the services of a private lawyer but would apply for legal aid.

However, Hamunyela is not a stranger to the Rundu Magistrate’s Court. In 2016 he appeared on fraud and corruption charges. 

According to the ACC Hamunyela used a Namibia Defence Forces motor vehicle to transport building materials to his homestead, and also used NDF property, including a water bowser and trailer, in the construction of his residence.

Hamunyela’s defence lawyer, Sisa Namandje told local media that he is convinced that there is no case against his client, and that they will vigorously challenge the charges brought against him.

In previous years  Hamunyela was also in the news for allegedly illegally fencing off a large portion of communal land at the Sivaradi village, about 90 kilometres south-east of Rundu in the Kavango West region.

The community had accused the general of being inconsiderate by fencing off large tracks of communal land for his own benefit as it prevented the entire village and surrounding areas from accessing grazing for their livestock.