State Hit With N$14 Million Damages After Failing to Defend Medical Negligence Claim
By TUW
The High Court in Windhoek has ordered the Ministry of Health and Social Services to pay N$14 million in damages to an Angolan citizen after the state failed to defend a medical negligence claim brought against it.
The judgment was granted in default after the ministry did not file a plea or oppose the lawsuit, prompting the court to rely solely on the evidence presented by the plaintiff, Matheus Shakolo.
Shakolo approached the court alleging that he endured prolonged and inappropriate medical treatment at public health facilities in northern Namibia over several years. He told the court that in 2018, health officials placed him on tuberculosis (TB) medication, which he continued taking for almost three years.
According to his submissions, he later discovered that he was allegedly never suffering from TB. He argued that the medication was administered without adequate medical explanation, proper reassessment, or confirmation that the treatment remained necessary.
Court documents further indicate that Shakolo repeatedly sought clarification about his diagnosis, requested alternative medical opinions, and attempted to access his medical records, but his concerns were allegedly ignored by health authorities.
He also claimed that despite experiencing severe side effects—including vomiting, dizziness, loss of appetite, vision impairment, muscle weakness, and psychological distress—he was pressured to continue with the medication. Shakolo maintained that the prolonged treatment negatively affected his heart and significantly diminished his quality of life.
In his court filings, he accused health officials of failing to properly evaluate his condition, neglecting to inform him of changes to his treatment, and continuing to prescribe medication without verifying whether it was still medically justified. He said it was only after consulting other medical professionals that he learned he had allegedly received incorrect treatment.
The court accepted that the prolonged administration of the medication caused him physical, emotional, and financial harm. Shakolo also presented evidence of expenses incurred while travelling frequently between Windhoek and northern health facilities for follow-up consultations related to the treatment.
As a result, the court awarded damages to cover physical injury, emotional suffering, loss of income, transport and accommodation costs, as well as the long-term consequences of the alleged medical negligence.
Those cited as defendants in the matter included the Minister of Health and Social Services, senior officials within the ministry, and a medical officer stationed at Onandjokwe Health Centre, concluding a case that raises serious concerns about accountability within the public healthcare system.
