Security company sued for shooting incident

05 March 2021 | Justice

Windhoek • [email protected]

A High Court judge this week gave the greenlight for a lawsuit to continue in which two shooting victims are suing Shilimela Security Services for close to N$3 million after they were shot by one of its guards in Katutura in 2017.
Saara Kambuze and Kristof Namukwambi both launched lawsuits against Shilimela in September last year, three years after they were wounded by bullets fired by a Shilimela security guard at a bar in the Single Quarters residential area of Katutura on 27 September 2017.
Namukwambi is asking the court to order the security company to pay him N$1.5 million for damages arising from the shooting, while Kambuze is suing the company for N$750 000.
Before their case could get underway however, Shilimela asked that the court to dismiss their lawsuits.
The company argued that the lack of naming the particular security guard made their case unwinnable, and that they could not be held responsible for the unnamed guard’s actions. The company also argued the lawsuit papers were “vague and embarrassing.”

On Tuesday, High Court Orben Sibeya ruled that the case could continue and that Shilimela Advanced Security Services can be held liable for the actions of an employee even if that person is not named in the claim.
The judge said Shilimela’s attempt to have the duo’s lawsuit dismissed was an attempt to pour “cold water on the threatening damages claims by the plaintiffs”. Furthermore, he found that the victim’s lawsuits were not fatally flawed because they were not unable to name the security guard, and that the particulars of the claim were neither vague nor embarrassing to the extent that it warranted a dismissal.
“Parties may institution claims against employers based on vicarious liability without stating the names of employees, provided it is apparent from pleadings that such persons are employees of the defendants.”
He added that it would “defeat the ancient established principle of vicarious liability” if employers cannot be held responsible just because the name of an employee is not stated and “will amount to a travesty of justice”.
Judge Sibeya said legal precedents were numerous and clear that actions can be taken against employers without citing the names of employees, whether that employer is a public institution or private.

‘Too many’
Banda Shilimela, owner of the security company, argued in an affidavit submitted to the judge that Kambuze and Namukwambi “intentionally failed” to cite the name of the security guard and this makes it difficult for the company to identify the person. “I employ more than 500 security guards. As such, I can only determine whether such a security guard is under my employment if a name is provided.”
Both Kambuze and Namukwambi’s sustained serious injuries; oth have bullet fragments that they say cannot be removed from their bodies as they are lodged too close to vital arteries and veins; both say they lost income and employment as a result of the injuries and continue to suffer long-term medical pain and suffering.
Kambuze informed the court in January that according to her knowledge, the police investigation into the shooting incident has stalled over the past three years. She told the court that she opened a case with the police but that she was told three years later the “investigations are not finalised”.
She added that the police have also failed to provide her with a docket of the case.
Banda Shilimela accused Kambuze of not being able to prove that she opened a case and that it was likely untrue.
The case has been postponed to 16 March for a case planning conference.
The plaintiffs are represented by their legal aid lawyer Profysen Muluti of Muluti & Partners while the security company is assisted by Silas-Kishi Shakumu.

Similar News


Family’s battle to reunite continues

1 day - 21 April 2021 | Justice

Windhoek • [email protected] Namibian High Commission in Pretoria on Tuesday briefly shut the door to Namibian Phillip Lühl after he tried to submit a formal...

Whistleblower Stefánsson scoops WIN WIN award.

1 day - 21 April 2021 | Justice

This year’s winner of the WIN WIN Gothenburg Sustainability Award is the Icelandic whistleblower Jóhannes Stefánsson, who led the revelation of a widespread corruption scandal...

Family crushed by court ruling on baby girls

3 days ago - 19 April 2021 | Justice

Windhoek • [email protected] what has been described as a judicial cop out, a Namibian High Court judge on Monday refused to set aside the Ministry...

Facebook insult costs N$20 000

2 weeks ago - 07 April 2021 | Justice

Windhoek • [email protected] Mariental doctor has won a defamation suit against a man who in 2018 made public claims on Facebook accusing the doctor of...

SA minsters urged to help Namibian twins Maya and...

3 weeks ago - 28 March 2021 | Justice

Windhoek • [email protected] South African Democratic Alliance (DA) is pushing South African ministers of immigration and international relations to take a stand against Namibia’s refusal...

Immigration bans baby girls from Namibia

1 month - 21 March 2021 | Justice

JANA-MARI SMITHA Namibian father of three has brought an urgent appeal to the WindhoekHigh Court after immigration authorities effectively declared his newborn twindaughters stateless and...

Bad news for same-sex married couple

1 month - 01 March 2021 | Justice

Windhoek • [email protected] Windhoek High Court judge on Friday handed down a defeat to a foreigner married to a Namibian citizen who wanted to be...

Ombudsman tackles CLS favouritism

1 month - 25 February 2021 | Justice

Windhoek • [email protected] John Walters has launched a legal challenge against a Cabinet decision that he argues is unlawful and prejudiced in favour of Namibia’s...

August 26 embroiled in food fight

1 month - 25 February 2021 | Justice

Windhoek • [email protected] defence ministry and two of its August 26 for-profit companies are suing former Windhoek mayor Matheus Shikongo and his company for breach...

Access to courts enhanced

1 month - 22 February 2021 | Justice

Justice minister Yvonne Dausab tabled the Magistrates’ Courts Amendment Bill in a bid to, among others, increase the monetary jurisdictions of magistrate’s courts last weekDausab...

Latest News

Struggle kids ‘stigmatised’

2 hours ago | Social Issues

Children of the liberation struggle, also known as ‘struggle kids’, feel it is hard for them to secure employment outside government, because there is a...

Central estates agents awarded

2 hours ago | Banking

Aqua Real Estate, Rightmove Properties Windhoek and Arnel Properties were announced as the top three central estate agencies servicing Bank Windhoek.In the category for Residential...

Knight Piésold celebrates a century

3 hours ago | Business

From its humble beginnings in South Africa on 1 April 1921, Knight Piésold has established and grown its local operations within Southern Africa, through its...

Visual arts on a roll!

1 day - 21 April 2021 | Art and Entertainment

The Bank Windhoek Triennial 2020 Awards ceremony and exhibition opening takes place on Thursday (22 April 2021) at 16:00. With 491 submissions received of which...

Family’s battle to reunite continues...

1 day - 21 April 2021 | Justice

Windhoek • [email protected] Namibian High Commission in Pretoria on Tuesday briefly shut the door to Namibian Phillip Lühl after he tried to submit a formal...

Campaigning for counselling

1 day - 21 April 2021 | Crime

Members of Parliament (MPs) have proposed compulsory counselling and psychological support for victims, perpetrators or anyone exposed to gender-based violence to end the cycle of...

Whistleblower Stefánsson scoops WIN WIN...

1 day - 21 April 2021 | Justice

This year’s winner of the WIN WIN Gothenburg Sustainability Award is the Icelandic whistleblower Jóhannes Stefánsson, who led the revelation of a widespread corruption scandal...

Sewing machines, fabric for NCS

1 day - 21 April 2021 | Business

Mulungushi Textiles & Importers recently donated overlock sewing machines and fabrics worth around N$100 000 to the Namibian Correctional Services. The Khomas & Hardap regions...

Is your agent making use...

1 day - 21 April 2021 | Life Style

The way we live and work has been dramatically altered by the pandemic. It follows then that the way people buy and sell houses will...

Load More