Shapwa: Kadhikwa had a chance to apologise
Businessman Shapwa Kanyama has defended his decision to take legal action against retired nurse Mathilde Kadhikwa, emphasising that the lawsuit was a last resort to protect his reputation after she flatly refused to apologise for defamatory remarks she made about him and his wife Betty.
Kanyama said, in his view, legal action was the only remaining course left to clear his name.
The controversy stems from an audio recording shared in June 2022, in which Kadhikwa suggested that Kanyama and his wife allegedly used public or illicit funds to pay for their marriage reception and acquire their home.
Kadhikwa also alleged that the couple was hosting multimillion-dollar weddings while state hospitals, for which they were responsible for supplying medicines, were low on stock.
'Clear my name'
Through his legal team, Kanyama in 2022 demanded an unconditional apology and retraction within 24 hours.
When Kadhikwa failed to comply, he and his wife initiated legal proceedings, seeking N$400 000 in damages and a public declaration that her statements were false.
"Our instructions are that on or about 1 and 2 June 2022 you, with malicious intent, circulated and distributed into the public domain an audio in which you mischievously and gratuitously made various defamatory statements concerning and about our clients," wrote lawyer Sisa Namandje, representing the couple.
Kadhikwa stuck to her guns by refusing to apologise, leading the Kanyamas to decide to pursue her in court, arguing defamation of character.
The court this week ruled in favour of the couple and ordered Kadhikwa to pay them a combined N$130 000. She must also foot the couple's legal costs, amounting to just over N$640 000.
A simple public apology
Speaking to Namibian Sun yesterday, Kanyama said had Kadhikwa simply apologised, the issue would not have escalated to court.
“What else should I have done? She refused to apologise and insisted that she had her facts right,” he said.
He explained: “The accusations were too serious that one could be criminally charged. I had to go to court to clear my name – but this only happened after she refused to apologise as per the demand letter we wrote to her through our lawyers."
He added: “If I had let the accusations stand without challenging them, they would stick. I would be perceived to be the criminal that she said I was.”
Balance of power
The ruling against Kadhikwa has sparked debate over freedom of speech, the role of whistleblowers and the balance of power in Namibia’s justice system.
The case has been widely discussed online, with many citizens criticising the judgment as a blow to freedom of expression.
Critics argue the ruling has set a dangerous precedent, claiming it enables the wealthy to silence dissenting voices.
On social media platform X, sympathisers initiated a GoFundMe campaign to support Kadhikwa in paying the damages. Some argued that there is a growing trend by "rich bullies" to silence those who scrutinise their conduct.
Namibian expatriate Fillemon Shikomba, based in the USA, responded to the ruling by creating the fundraising page, aiming to raise N$200 000. As of Wednesday, the campaign had collected N$4 000.
“This cause is deeply personal to me,” Shikomba told Namibian Sun. “Mathilde exposed corruption in the public health sector, and now she’s being financially punished for it. This judgment threatens to silence whistleblowers and protect the powerful.”
Kanyama said, in his view, legal action was the only remaining course left to clear his name.
The controversy stems from an audio recording shared in June 2022, in which Kadhikwa suggested that Kanyama and his wife allegedly used public or illicit funds to pay for their marriage reception and acquire their home.
Kadhikwa also alleged that the couple was hosting multimillion-dollar weddings while state hospitals, for which they were responsible for supplying medicines, were low on stock.
'Clear my name'
Through his legal team, Kanyama in 2022 demanded an unconditional apology and retraction within 24 hours.
When Kadhikwa failed to comply, he and his wife initiated legal proceedings, seeking N$400 000 in damages and a public declaration that her statements were false.
"Our instructions are that on or about 1 and 2 June 2022 you, with malicious intent, circulated and distributed into the public domain an audio in which you mischievously and gratuitously made various defamatory statements concerning and about our clients," wrote lawyer Sisa Namandje, representing the couple.
Kadhikwa stuck to her guns by refusing to apologise, leading the Kanyamas to decide to pursue her in court, arguing defamation of character.
The court this week ruled in favour of the couple and ordered Kadhikwa to pay them a combined N$130 000. She must also foot the couple's legal costs, amounting to just over N$640 000.
A simple public apology
Speaking to Namibian Sun yesterday, Kanyama said had Kadhikwa simply apologised, the issue would not have escalated to court.
“What else should I have done? She refused to apologise and insisted that she had her facts right,” he said.
He explained: “The accusations were too serious that one could be criminally charged. I had to go to court to clear my name – but this only happened after she refused to apologise as per the demand letter we wrote to her through our lawyers."
He added: “If I had let the accusations stand without challenging them, they would stick. I would be perceived to be the criminal that she said I was.”
Balance of power
The ruling against Kadhikwa has sparked debate over freedom of speech, the role of whistleblowers and the balance of power in Namibia’s justice system.
The case has been widely discussed online, with many citizens criticising the judgment as a blow to freedom of expression.
Critics argue the ruling has set a dangerous precedent, claiming it enables the wealthy to silence dissenting voices.
On social media platform X, sympathisers initiated a GoFundMe campaign to support Kadhikwa in paying the damages. Some argued that there is a growing trend by "rich bullies" to silence those who scrutinise their conduct.
Namibian expatriate Fillemon Shikomba, based in the USA, responded to the ruling by creating the fundraising page, aiming to raise N$200 000. As of Wednesday, the campaign had collected N$4 000.
“This cause is deeply personal to me,” Shikomba told Namibian Sun. “Mathilde exposed corruption in the public health sector, and now she’s being financially punished for it. This judgment threatens to silence whistleblowers and protect the powerful.”
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