Hengari’s N$7.5m NWR defamation lawsuit fails
Namibia Wildlife Resorts (NWR) has emerged victorious in a long and dreary court battle with its former managing director Zelna Hengari, who has been ordered to cover the defendants’ legal bills, projected to be in the region of N$500 000.
Hengari filed a civil suit against her former employer, tourism minister Pohamba Shifeta and former public enterprises minister Leon Jooste, claiming N$7.5 million for reputational damage related to a press statement issued by the company’s board of directors on 5 April 2018 and published in local newspapers.
The statement was on a 30-year agreement signed by NWR, then under Hengari as managing direcor, and Sun Karros.
Sun Karros constructed 20 glamorous tents, a restaurant, a small pool and 10 campsites at NWR’s Sesriem campsite - to the tune of N$43 million.
NWR and Shifeta deemed the agreement invalid, saying it did not follow the provisions of the Public Procurement Act and the State Finance Act. They also argued that the agreement had no blessing from the state hospitality company’s board of directors.
Hengari was accused of having misrepresented to the board that the previous board had sanctioned the agreement.
Untruthful and untrustworthy
In her submissions, Hengari dismissed assertions that the deal did not have the board’s blessing.
She further argued that the company’s claims could imply that she was involved in misconduct, was unprofessional in her work, failed or refused to cooperate with the board and was involved in inappropriate and unlawful activities to the prejudice of her ex-employer.
This also painted her as untruthful and untrustworthy, and implies she signed the deal for improper and criminal purposes, she claimed.
In 2022, NWR’s application to be absolved in the defamation suit filed by Hengari was dismissed by the High Court.
Yesterday, however, High Court judge Boas Usiku dismissed Hengari’s claim against NWR and ordered her to pay the company’s legal costs incurred during the lawsuit, while scrapping the matter from the court roll.
“In regards to Hengari’s alternative claim based on an infringement of her constitutional right to dignity, I am of the opinion that there is no evidence before the court that she was subjected to degrading treatment by NWR,” the judge ruled.
“I am also of the opinion that there was no obligation on NWR to afford Hengari the opportunity to consider and deal with its response in the media concerning the business of NWR. The alternative claim of Hengari based on constitutional damages also stands to be dismissed.”
Hengari has also subsequently lost a High Court dispute over the NWR board’s decision not to renew her contract.
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Hengari filed a civil suit against her former employer, tourism minister Pohamba Shifeta and former public enterprises minister Leon Jooste, claiming N$7.5 million for reputational damage related to a press statement issued by the company’s board of directors on 5 April 2018 and published in local newspapers.
The statement was on a 30-year agreement signed by NWR, then under Hengari as managing direcor, and Sun Karros.
Sun Karros constructed 20 glamorous tents, a restaurant, a small pool and 10 campsites at NWR’s Sesriem campsite - to the tune of N$43 million.
NWR and Shifeta deemed the agreement invalid, saying it did not follow the provisions of the Public Procurement Act and the State Finance Act. They also argued that the agreement had no blessing from the state hospitality company’s board of directors.
Hengari was accused of having misrepresented to the board that the previous board had sanctioned the agreement.
Untruthful and untrustworthy
In her submissions, Hengari dismissed assertions that the deal did not have the board’s blessing.
She further argued that the company’s claims could imply that she was involved in misconduct, was unprofessional in her work, failed or refused to cooperate with the board and was involved in inappropriate and unlawful activities to the prejudice of her ex-employer.
This also painted her as untruthful and untrustworthy, and implies she signed the deal for improper and criminal purposes, she claimed.
In 2022, NWR’s application to be absolved in the defamation suit filed by Hengari was dismissed by the High Court.
Yesterday, however, High Court judge Boas Usiku dismissed Hengari’s claim against NWR and ordered her to pay the company’s legal costs incurred during the lawsuit, while scrapping the matter from the court roll.
“In regards to Hengari’s alternative claim based on an infringement of her constitutional right to dignity, I am of the opinion that there is no evidence before the court that she was subjected to degrading treatment by NWR,” the judge ruled.
“I am also of the opinion that there was no obligation on NWR to afford Hengari the opportunity to consider and deal with its response in the media concerning the business of NWR. The alternative claim of Hengari based on constitutional damages also stands to be dismissed.”
Hengari has also subsequently lost a High Court dispute over the NWR board’s decision not to renew her contract.
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