Mother sues police for N$1.6m for son’s death

MARC SPRINGER WINDHOEKA mother whose son was shot and killed by a police officer during the controversial Operation Kalahari Desert has instituted legal proceedings against government, claiming constitutional damages of N$1.6 million.Her civil suit - directed against government, the home affairs minister as well as police officer Mulele Darrel Nyambe - was triggered by an incident which occurred on 5 September 2019.According to the plaintiff Inge Shimoneni, joint security personnel of the Namibian Defence Force (NDF) and Namibian police conducted a raid on a property at Smarties location in Single Quarters, Katutura, on that day between 10h00 and 11h00.In her particulars of claim, she stated that her son Benisius Kalola witnessed the raid, took out his cellphone and began to record the event, when an unknown member of the security forces noticed him doing so.Shortly afterwards, several members involved in the operation approached Kalola and demanded that he hand over his phone.According to Shimoneni, Kalola started running away and was chased by security personnel, amongst them an NDF member later identified as Nyambe, who fired a single shot with his AK-47 rifle, hitting her son in the left abdomen and fatally wounding him.She said the officers then took possession of her son’s phone, thereby conducting an unlawful search and seizure of the deceased’s property.Emotional shock and traumaAccording to Shimoneni, her son’s shooting caused her and his two minor children significant pain, suffering, trauma and loss and resulted in the loss of support he used to provide.She is claiming damages of N$1.6 million, made up of N$500 000 for emotional shock and trauma, loss of support to the tune of N$1 million as well as N$100 000 for loss of amenities and funeral expenses. In their plea, the respondents admitted to the incident but emphasised that members of the NDF were at the time undertaking a legal crime prevention operation, which involved a lawful raid on a house suspected of being used in illegal drug operations.They further submitted that the deceased started running away when he was noticed recording the raid by security officers who were thus deprived of the opportunity to question him.The respondents denied confiscating Kalola’s phone, and said his shooting was a result of an “oversight of the individual member”.The case - being heard by judge Orben Sibeya - was on Tuesday postponed to 29 June to grant the parties one more opportunity to approach the meditation office and obtain suitable dates for settlement negotiations. Shimoneni is represented by Sharen Zenda from the Legal Assistance Centre, while Mkhululi Khupe is acting for respondents.

Mother sues police for N$1.6m for son’s death

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Namibian Sun 2025-03-14

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Mother sues police for N$1.6m for son’s death

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Namibian Sun 2025-03-14

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