Govt to pay N$5m for wrong kidney removal
Government has agreed to pay N$5 million to a Katutura resident who sued the State over a botched surgical procedure in which doctors allegedly removed the wrong kidney - leaving him dependent on haemodialysis three times a week for the rest of his life.
The out-of-court settlement, signed on 30 March 2026, brings to a close a high-stakes N$40 million medical negligence claim that had been filed in the High Court. The State has undertaken to pay the amount within 90 days into the trust account of lawyer Norman Tjombe, who is representing patient Lucius Kondjeni.
Court documents reveal that the incident occurred on 29 July 2025. Kondjeni claimed that he was admitted to Windhoek Central Hospital for a comprehensive medical assessment, including physical exams, blood tests, and imaging, which would inform appropriate treatment.
Instead, he alleged, hospital staff failed to carry out proper diagnostic procedures and performed a radical nephrectomy on his healthy left kidney, rather than the diseased right kidney. Kondjeni said he was only informed several days after the operation that the wrong kidney had been removed.
The consequences, according to Kondjeni, were immediate and devastating. His remaining kidney has minimal functionality, leaving him dependent on haemodialysis three times a week for the rest of his life. He was hospitalised until 30 September 2025 and continues to endure severe physical pain, emotional trauma, and significant disruption to his daily life.
Beyond the N$5 million payout, the settlement agreement compels the government to continue providing medical treatment to Kondjeni at state facilities. Where necessary, the State will also cover the cost of renal dialysis at a private facility, subject to medical recommendation.
The government has further agreed to pay Kondjeni’s legal costs, effectively ending the matter without proceeding to trial.
From N$40 million claim to settlement
In his original particulars of claim, Kondjeni had sought N$1 million for loss of future income and N$20 million in general damages, citing severe pain, permanent disability, emotional trauma, and diminished earning capacity.
He further advanced a constitutional damages claim of N$20 million, arguing that the alleged negligence violated his fundamental rights, including the right to life, the right to human dignity and the right to pursue a livelihood.
The lawsuit was framed on multiple legal grounds, including breach of contract and delict (negligence), with the State accused of failing to properly assess his condition and safeguard him while under medical care.
Kondjeni’s claims were based on breach of contract, delict (negligence), and constitutional infringement, arguing that the government and its employees failed in their duty of care by not conducting proper medical assessments, failing to safeguard him during treatment, and performing the wrong surgical procedure.
