Renthia Kaimbi
Former Grootfontein councillor Etnee Tsanigab has lost a court case against the Grootfontein municipality after the High Court dismissed his company’s N$770 000 claim related to a disputed jackhammer rental deal.
Court documents obtained by the Windhoek Observer show that High Court judge Thomas Masuku ruled against Elseldra & Etnee Trading CC, a company owned by Tsanigab.
The firm had sued the municipality for N$771 008, claiming it rented out a heavy-duty jackhammer in November 2020 at a daily rate of N$2 450.
The municipality denied the claim, saying no agreement existed.
It argued that such an arrangement would violate section 27 of the Public Procurement Act of 2015 and section 31A of the Local Authorities Act 23 of 1992.
The council told the court that during the Covid-19 pandemic, its jackhammer had broken down.
With a need to dig graves, it approached Tsanigab, who was then a councillor and chairperson of the management committee, for help.
Masuku’s recent judgement found that the company failed to prove its case on a balance of probabilities.
The court criticised the plaintiff for not submitting the original invoices it claimed to have delivered to the municipality.
“The point of bother for the court, in this regard, is that those invoices [were] issued from the day following the delivery of the jackhammer to the defendant. There is, however, no record of these invoices that this witness testified about. Had the plaintiff, as testified, delivered the invoices to the defendant, it would have been very easy for the plaintiff to provide those invoices… These invoices are starkly missing,” Masuku said.
The municipality maintained that Tsanigab had lent his personal jackhammer at no cost as a temporary measure until a new one was bought.
The court found this explanation more credible, saying it matched the circumstances and the relationship between the parties.
“The defendant’s version that the relationship the defendant had with Mr Tsanigab accords more with the probabilities, that Mr Tsanigab was merely requested to come to the defendant’s rescue at a critical point, where people were dying left, right and centre,” the judgement stated.
The court also noted that Tsanigab’s company waited nearly two years to file the lawsuit, which did not align with its claim that invoices had been issued and ignored from the start.
Masuku ordered Elseldra & Etnee Trading CC to pay the municipality’s legal costs.
Tsanigab is also facing a separate corruption case. He was arrested by the Anti-Corruption Commission (ACC) in August 2020 for allegedly buying land using relatives’ names for personal gain.
He is out on N$4 000 bail and appeared in the Grootfontein Magistrate’s Court on 1 and 2 October 2025. His next appearance is scheduled for 10 and 11 March 2026.
Earlier this week, reports indicated that Tsanigab is listed at number four on the Swapo party’s Grootfontein local authority candidate list for the upcoming regional and local elections in November, despite not participating in the selection process.
His return to the council will depend on whether the party secures at least four seats.
