The High Court has scheduled to hear the matter of a taxi driver, who is suing the State for wrongful arrest and spending 10 years in custody, in October.
Judge Herman Oosthuizen scheduled the hearing for the 25 October after Petrus Shoovaleka, the prosecutor general, minister of safety and security and inspector general of the Namibian police could not reach a settlement agreement out of court.
Shoovaleka filed his suit in 2017, stating he was wrongfully arrested and kept in police custody for 10 years before being acquitted of all charges.
In his suit, Shoovaleka is claiming N$65 000 for the repair and renewal of a taxi licence permit for his taxi that was confiscated by the police.
The vehicle is still with the police.
He further claims N$1.58 million for loss of income he would have made from operating his taxi within 10 years of being in prison.
In addition, he demands N$8 million for being kept in police custody unlawfully, and N$1 million for the emotional suffering he and his family endured during his incarceration.
As a result of his incarceration, Shoovaleka claims his family suffered emotionally, and his children’s school performance was negatively affected.
The claim amounts to N$11.2 million.
Shoovaleka was arrested by the Namibian police on 5 December 2005 on five counts related to an armed robbery in Katutura.
It is alleged he was part of seven robbers who stormed into the Woermann Brock store and held late-night shoppers and staff at gunpoint.
They allegedly took cash and some items from the shop before attempting to flee the scene – only to realise the police had them surrounded.
The robbers opened fire, after which the police returned fire in self-defence.
Two of them were shot dead, while the other two were injured and arrested.
Shoovaleka allegedly drove the getaway car, according to police reports at the time.
He spent seven years in custody before going on trial.
After three years on trial, the Windhoek Regional Court acquitted him on all charges on 11 July 2016.
- mamakali@nepc.com.na