Justicia Shipena
The Windhoek High Court has dismissed a case brought by former correctional officer Eric Lifasi Sibungo, who tried to challenge his dismissal from the Namibian Correctional Services (NSC) after being found guilty of assault and interfering with an investigation.
The case stems from an October 2021 incident at the Divundu Correctional Facility, when Sibungo’s private car collided with a state-owned vehicle.
Chief correctional officer PM Kaputungu, was assigned to investigate. During the probe, Sibungo confronted Kaputungu at the Divundu Police Station, where a struggle broke out over official documents.
Kaputungu reported that Sibungo twisted his arm and grabbed him by the collar while trying to seize the documents.
A disciplinary board later found Sibungo guilty of misconduct. The chairperson recommended a fine and written warning, but the commissioner general of the NCS rejected the recommendation, saying the offences were too serious and dismissed him.
Sibungo appealed to the then minister of home affairs, immigration, safety and security, Albert Kawana, who upheld the dismissal in 2023.
He then appealed to the High Court, claiming he did not receive adequate notice or time to prepare for the disciplinary hearing.
He also claimed the minister ignored evidence, including the absence of medical proof of injuries, and that the case relied too heavily on a single witness.
He further said his personal circumstances as an orphan with dependants should have been considered.
Deputy judge president of the High Court Shafimana Ueitele, in a ruling on 29 August, rejected Sibungo’s arguments.
He found that Sibungo received the required 14-day notice and charge sheet.
He said the law allows a case to be proven by the testimony of a single credible witness, and Kaputungu’s account was consistent and uncontested.
He added that assault infringes on bodily integrity and does not require proof of physical injury to be unlawful.
Ueitele noted that Sibungo admitted he followed Kaputungu to the Divundu charge office and attempted to get hold of the documents.
“I therefore find that Sibungo, by his own evidence and admission, attempted to interfere with an ongoing investigation. My reading of the record further reveals that Sibungo, during his testimony and during his cross-examination of Kaputungu, did not challenge the investigator’s (Kaputungu’s) evidence that he twisted Kaputungu’s left arm and attempted to grab the evidential documents from Kaputungu’s vehicle,” he said.
Ueitele concluded that both the minister and the commissioner general acted lawfully and reasonably in dismissing Sibungo.
The High Court dismissed his application, ordered him to pay the state’s legal costs and declared the matter finalised.
Before his dismissal, Sibungo had worked for the NCS for eight years and held the rank of superintendent.
He was stationed at the Divundu Correctional Facility in the Kavango East region.
