Haukongo v Pandela and Another

• Jurisdiction: South Africa
• Judge: H Angula DJP
• Judgment Date: 07 March 2022
• Docket Number: HC-NLD-CIV-ACT-DEL-2021/00201
• Hearing Date: 31 January 2022
• Court: Northern Local Division, Oshakati
• Citation: 2022 JDR 0634 (NmO)

Angula DJP:

Introduction:

[1]

Serving before court is an action in which the plaintiff seeks payment for damages she suffered that arose from defamatory statements made by the defendants during the year 2020 and 2021. The plaintiff in essence seeks the following relief jointly and severally against the defendants:

'1.

Payment in the amount of N$60 000.

2.

Interest thereon at 20% calculated from the date of judgement (sic) to date of final payment.

3.

An order directing the Defendants to publicly apologise to the Plaintiff and retract the wrongful and defamatory statements as aforesaid, in the same manner as the defendants have initially published in respect of and concerning the Plaintiff. The retraction and apology must be made at Oshakati Open Market in front of the general public and fellow vendors within 7 days of date of judgment.

4.

Cost of suit on an attorney and own client scale.

5.

Further and/or alternative relief.'

The parties:

[2]

The plaintiff is Rosalia Haukongo, an adult female businesswoman who resides at Oneshila, Oshakati.

[3]

The first defendant is Paulina Pandela, an adult female vendor who resides at Omhumbu Location, Oshakati

2022 JDR 0634 p4

Angula DJP

[4]

The second defendant is Hilma Shitekulu, an adult female who resides at Omhumbu Location, Oshakati.

[5]

The plaintiff is represented by Mr Ndana. It appears from the record that the defendants initially defended the action, first in person but later they instructed a legal practitioner to represent them. He however later filed a notice of withdrawal of his representation. Thereafter their notice to defend was struck due to non-compliance with the orders of this court. Henceforth, the matter proceeded on an unopposed basis.

The background:

[6]

The plaintiff pleads in her particulars of claim that during 2020, and more recently in June 2021at Oshakati Open Market the defendants made the following false, wrongful and derogatory remarks concerning her:

'Plaintiff is a loose woman who has been left by her husband because of bringing men to her marital home; that the Plaintiff is dishonest and does not sell complete boxes of chicken to customers, thereby defrauding her customers; and that the Plaintiff is engaged in sexual relations with men for money.'

[7]

The plaintiff pleads further that these insults and statements would be hurled at her the moment one or more of her customers visit her stand, thereby interfering with the sale of her products.

[8]

The plaintiff pleads further that in addition, the defendants physically assaulted her she thereafter laid a charge of assault with the police under case number CR 138/06/2021.

[9]

The plaintiff also pleads that the unlawful assault perpetrated on her by the defendants caused damage to her reputation and dignity which are protected by Article 8 of the Namibian Constitution. Furthermore, that the defendants' conduct interfered with her right to trade protected by the laws of Namibia.

2022 JDR 0634 p5

Angula DJP

Plaintiff's case

[10]

The plaintiff testified in person. In addition she called one witness.

The plaintiff's evidence

[11]

The plaintiff testified that she is a vendor at Oshakati Open Market where she sells traditional food. Her stall was situated next to that of the defendants. That is how she came in contact with the defendants. She testified that during 2020 the defendants publically insulted her and informed people present that the merchandise that the plaintiff sells is received by her from various men in exchange for sexual favours.

[12]

She testified further that during 2021 the defendants personally informed her customers that the plaintiff removes chicken pieces from the boxes she sells. This statement was also uttered in public.

[13]

It was the plaintiff's further evidence that as a result of these insults hurled at her and the false information spread to her customers, her business has...