Court awards N$100 000 to assault victim
‘Soos ’n dier geslaan’
A man who parked his vehicle in a reserved ambulance parking area at the entrance of Katutura State Hospital in July 2022 will now receive N$100 000 in damages after five security guards assaulted him.
The Windhoek High Court issued a ruling this week ordering the security company, Vicmac Security Services, to pay compensation to the victim, Nestory Shatjohamba.
The assault occurred after Shatjohamba had parked his vehicle in the emergency parking and a security guard wanted to clamp his vehicle.
The guard reportedly asked him several times to move his vehicle, but Shatjohamba tried to convince him that he just wanted to quickly drop off a blanket for a patient at reception.
Fight breaks out
Shatjohamba himself admitted during court proceedings that he had punched the security guard, Sakaria Ashipala, when he saw that his vehicle was about to be clamped.
However, he testified that more than one guard then came and kicked and punched him while he was on the ground. He also claimed he was hit with a steel pipe.
He initially sued for N$300 000 in damages from the security company.
Shatjohamba allegedly sustained serious injuries to his body, including multiple bruises to his arms, legs, back and head. In court papers he said he feared for his safety and felt traumatised and humiliated.
The assault took place in front of members of the public and as a result, a video was recorded and circulated on social media.
Shatjohamba believes he was humiliated during the assault and "beaten like a dangerous animal".
He was taken to hospital for an examination and discharged the next morning.
Shatjohamba believes his version of events is supported by the video footage and medical records that were submitted as evidence to the court.
Guards testify
Ashipala and one of the other guards who allegedly witnessed the incident denied that the assault took place in the manner described by Shatjohamba. Contrary to Shatjohamba's version, Ashipala claimed he was the one who was assaulted without reason.
He testified that Shatjohamba punched him so hard that he fell to the ground, after which Shatjohamba allegedly hit him.
“[Ashipala] testified that he did not retaliate as he was accustomed to bad treatment by members of the public. He continued and the guard reached a point where he felt belittled and decided to defend himself and hit back,” reads the court's judgment.
Ashipala further testified that one of his colleagues, a police officer, and an ambulance officer eventually broke up the fight.
Court’s decision
Judge Shafimana Ueitele, in his judgment, found that Vicmac Security Services must pay Shatjohamba N$100 000 - N$50 000 for pain and suffering, N$30 000 for contumelia (humiliation) and N$20 000 for temporary loss of amenities of life.
“The injuries sustained by the plaintiff over his entire body do not speak of a simple scuffle, nor is it possible that the injuries could be the result of a simple fall," the judge stated.
“The testimony of the [security company's] witnesses is full of irreconcilable contradictions. I therefore conclude that the assault was intentional and unlawful, whether committed by one or more persons,” reads the judgment delivered on Tuesday.
– [email protected]
The Windhoek High Court issued a ruling this week ordering the security company, Vicmac Security Services, to pay compensation to the victim, Nestory Shatjohamba.
The assault occurred after Shatjohamba had parked his vehicle in the emergency parking and a security guard wanted to clamp his vehicle.
The guard reportedly asked him several times to move his vehicle, but Shatjohamba tried to convince him that he just wanted to quickly drop off a blanket for a patient at reception.
Fight breaks out
Shatjohamba himself admitted during court proceedings that he had punched the security guard, Sakaria Ashipala, when he saw that his vehicle was about to be clamped.
However, he testified that more than one guard then came and kicked and punched him while he was on the ground. He also claimed he was hit with a steel pipe.
He initially sued for N$300 000 in damages from the security company.
Shatjohamba allegedly sustained serious injuries to his body, including multiple bruises to his arms, legs, back and head. In court papers he said he feared for his safety and felt traumatised and humiliated.
The assault took place in front of members of the public and as a result, a video was recorded and circulated on social media.
Shatjohamba believes he was humiliated during the assault and "beaten like a dangerous animal".
He was taken to hospital for an examination and discharged the next morning.
Shatjohamba believes his version of events is supported by the video footage and medical records that were submitted as evidence to the court.
Guards testify
Ashipala and one of the other guards who allegedly witnessed the incident denied that the assault took place in the manner described by Shatjohamba. Contrary to Shatjohamba's version, Ashipala claimed he was the one who was assaulted without reason.
He testified that Shatjohamba punched him so hard that he fell to the ground, after which Shatjohamba allegedly hit him.
“[Ashipala] testified that he did not retaliate as he was accustomed to bad treatment by members of the public. He continued and the guard reached a point where he felt belittled and decided to defend himself and hit back,” reads the court's judgment.
Ashipala further testified that one of his colleagues, a police officer, and an ambulance officer eventually broke up the fight.
Court’s decision
Judge Shafimana Ueitele, in his judgment, found that Vicmac Security Services must pay Shatjohamba N$100 000 - N$50 000 for pain and suffering, N$30 000 for contumelia (humiliation) and N$20 000 for temporary loss of amenities of life.
“The injuries sustained by the plaintiff over his entire body do not speak of a simple scuffle, nor is it possible that the injuries could be the result of a simple fall," the judge stated.
“The testimony of the [security company's] witnesses is full of irreconcilable contradictions. I therefore conclude that the assault was intentional and unlawful, whether committed by one or more persons,” reads the judgment delivered on Tuesday.
– [email protected]
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