High Court Orders the Govt to pay N$1.3 Million for shooting incident in Rundu

The High Court has ruled that the Ministry of Defence and Veterans Affairs, the Namibian Police (NAMPOL), and the Ministry of Home Affairs, Immigration, Safety, and Security must collectively pay N$1.3 million to the family of the late Joseph Kautjingu Ndondji. The government has 90 days to finalize the payment, either through mutual agreement or as determined by the taxing master.

This decision follows a civil claim filed after Ndondji, a 34-year-old self-employed butcher, was fatally shot during a joint operation in Rundu on 3 March 2023. Authorities suspected him of possessing a pangolin skin at the time of the incident, which occurred at the Agricultural Marketing and Trade Agency (AMTA) premises in Rundu.

The settlement, finalized on 4 December 2024, compensates Ndondji’s family for the emotional suffering and loss of financial support endured by his elderly parents and seven minor children. The settlement amount will be divided equally among the three ministries, with each contributing N$433,300. Payments will be facilitated through Bernhard Tjatjara and Co., the law firm representing the plaintiffs.

The executrix of Ndondji’s estate, Anton Maria, filed a claim seeking N$3.3 million in damages, including N$300,000 for loss of parental support and N$2 million for the maintenance of Ndondji’s children. The final settlement amount of N$1.3 million was reached through negotiations.

The claim detailed that Ndondji’s elderly parents, Satjingo Antonio and Kanyana Linda, depended on him for financial support and have no other means of sustenance. It also emphasized the critical role he played in supporting his children’s education and daily needs.

The plaintiffs accused members of the Namibian Defence Force (NDF), NAMPOL, and the Ministry of Environment, Forestry, and Tourism of acting unlawfully during the operation. “On 3 March 2023, members of the first, second, and third defendants wrongfully and unlawfully killed Joseph Kautjingu Ndondji by shooting him with a firearm,” the claim stated.

The settlement also includes provisions for legal costs incurred during the case.