Justicia Shipena
Former agriculture, fisheries, water and land reform minister Mac-Albert Hengari has threatened to issue summons against the government if it fails to pay N$10 million in damages over his arrest and detention.
In a letter dated 20 March seen by the Windhoek Observer, Hengari’s lawyers, Dr Weder, Kruger & Haikali Incorporated (WKH), acting through senior associate Mekumbu Tjitere, notified the Ministry of Home Affairs, Immigration, Safety and Security, inspector general of the Namibian Police Joseph Shikongo and other officials of intended legal action.
Hengari was arrested in April 2025. According to the letter, he claims he was arrested without a warrant and detained until he was granted bail.
His legal team says the arrest was unlawful and that there was no probable cause to justify the arrest or detention. They say he was not properly informed of the reasons for his arrest at the time.
The letter states that Hengari suffered losses, including damage to his reputation and loss of liberty. It also claims his constitutional rights were infringed and that the situation contributed to him leaving his position as a cabinet minister.
Court documents attached to the letter show that Hengari was first charged with defeating or obstructing the course of justice.
The charges were later expanded to include offences under the Anti-Corruption Act, bribery and defeating or obstructing the course of justice, with alternative counts.
His legal team says the charges lacked required detail and that the state did not have a prima facie case.
They also claim the prosecution proceeded on “trumped-up charges”, which they say affected his ability to prepare a defence.
The claim includes damages linked to legal costs in both the magistrate’s court and the regional court.
The lawyers have given the government 30 days to settle the claim.
“Unless we receive payment of N$10 000 000…our client will be left with no other alternative but to issue summons and proceed with this action,” they state.
The letter was also sent to prosecutor general Martha Imwala’s office and the office of the attorney general.
Hengari is charged alongside co-accused Simon Shilielongo Hanga, who is a brother to the complainant that accused him [Hengari] of rape.
Police conduct
Political analyst Sakaria Johannes said it is difficult to determine whether the lawsuit was expected but noted that Hengari is within his rights.
“I think it’s quite difficult to say something that we have seen coming. However, each and every Namibian has the right to act according to the law or to challenge it where necessary,” he told the Windhoek Observer on Monday.
Johannes said individuals who believe they have been treated unfairly can seek a legal remedy.
“If injustice is being seen in some way, I think he has that right to look for justice and if we follow his case, maybe we can say, we have seen this coming,” he said.
In April last year, Hengari resigned from his position following rape allegations involving a 21-year-old woman and his arrest.
In August the same year, Windhoek magistrate Monica Andjaba granted Hengari and his co-accused bail of N$15 000 each with conditions.
At that time, Andjaba said the court had not seen evidence that Hengari paid a bribe to the complainant to withdraw rape charges.
Meanwhile, Labour expert Herbert Jauch said Hengari cannot challenge his removal from office under labour law.
“When you are a political appointment by the president to cabinet, like a minister, the Labour Act does not apply. In terms of appointment and dismissal, you are totally at the mercy of the president. There is legally no basis to challenge that,” he said.
Jauch said any legal action would relate to the arrest.
“Another matter is if he challenges his arrest. That’s a civil matter. So there, he would check whether the police followed the procedures or if they followed the law when they arrested him or not. That he can challenge, but that’s not a labour matter,” he said.
He said the decision to pursue legal action depends on whether Hengari believes his rights were violated.
“If he feels his rights have been violated, then of course, like anybody else can do that. But that would be as a private citizen, not as a politician,” he said.
