Tsumeb mob violence case gets settled out of court

A N$1,2 million claim against the Minister of Home Affairs over two violent protest marches, during which mobs descended on a Tsumeb business in November 2001, was settled out of court on Friday.

Judge Gerhard Maritz had been set to start hearing evidence on the claim lodged by Tsumeb businessman Rainier Arangies, involving damage running into hundreds of thousands of dollars, when lawyers representing Arangies and the Minister informed him that the case had been settled and could be removed from the court roll. Because the matter was settled out of court without the settlement being made an order of the court, the terms are not known.It is understood, though, that Government has agreed to pay Arangies a substantial settlement.Arangies’ claim against the Minister of Home Affairs would have been the second damages claim to be heard in the High Court in recent years involving an incident in which the Tsumeb Police allegedly failed to carry out their duties to preserve law and order and safeguard property at the northern town.The first claim, which arose out of an incident in which the Police failed to prevent a crowd from looting an entire load of beer from a truck that had toppled over close to Tsumeb, is now the subject of a pending Supreme Court judgement.Unlike that case, in which a Police contingent was called out to the accident scene only a few hours before the looting broke out and had not had direct prior warning that they might face a riot, it was alleged in Arangies’ case that he had warned the Police at Tsumeb that protest marches were to be held and that he had received threats against his business.He had also asked the Police to take the necessary steps to protect his life and property, Arangies said in court documents setting out his claim against the Minister.Arangies’ business, Auto Tech, was overrun by a crowd of people who caused damage to the premises and equipment estimated at some N$730 000, according to Arangies.Not mentioned in Arangies’ court papers, but raised in a reply filed on behalf of the Minister, was the background to the events which occurred on two days in November 2001:Arangies shot and killed a Namibia Defence Force member on the Auto Tech premises after the NDF member – who apparently was an irate customer of Auto Tech – had first shot at Arangies with a pistol.Arangies was initially charged with murder.The Prosecutor General eventually declined to prosecute him.By that stage the damage had been done, though – not only to Arangies’ business, but also to law and order at Tsumeb.And now, probably also to Namibia’s national treasury.The crowds of protesters that did the damage had been incensed by the shooting at the business, and blamed Arangies for the incident rather than the soldier who fired first.Some of the people in the crowd were later prosecuted in connection with the damage.Arangies, however, also blamed the Police.He argued that, despite having been warned of the threats he had received and having been asked to protect him, the Police had failed in their duty to take all reasonable steps to protect Arangies’ life and property.Because the matter was settled out of court without the settlement being made an order of the court, the terms are not known.It is understood, though, that Government has agreed to pay Arangies a substantial settlement.Arangies’ claim against the Minister of Home Affairs would have been the second damages claim to be heard in the High Court in recent years involving an incident in which the Tsumeb Police allegedly failed to carry out their duties to preserve law and order and safeguard property at the northern town.The first claim, which arose out of an incident in which the Police failed to prevent a crowd from looting an entire load of beer from a truck that had toppled over close to Tsumeb, is now the subject of a pending Supreme Court judgement.Unlike that case, in which a Police contingent was called out to the accident scene only a few hours before the looting broke out and had not had direct prior warning that they might face a riot, it was alleged in Arangies’ case that he had warned the Police at Tsumeb that protest marches were to be held and that he had received threats against his business.He had also asked the Police to take the necessary steps to protect his life and property, Arangies said in court documents setting out his claim against the Minister.Arangies’ business, Auto Tech, was overrun by a crowd of people who caused damage to the premises and equipment estimated at some N$730 000, according to Arangies.Not mentioned in Arangies’ court papers, but raised in a reply filed on behalf of the Minister, was the background to the events which occurred on two days in November 2001:Arangies shot and killed a Namibia Defence Force member on the Auto Tech premises after the NDF member – who apparently was an irate customer of Auto Tech – had first shot at Arangies with a pistol.Arangies was initially charged with murder.The Prosecutor General eventually declined to prosecute him.By that stage the damage had been done, though – not only to Arangies’ business, but also to law and order at Tsumeb.And now, probably also to Namibia’s national treasury.The crowds of protesters that did the damage had been incensed by the shooting at the business, and blamed Arangies for the incident rather than the soldier who fired first.Some of the people in the crowd were later prosecuted in connection with the damage.Arangies, however, also blamed the Police.He argued that, despite having been warned of the threats he had received and having been asked to protect him, the Police had failed in their duty to take all reasonable steps to protect Arangies’ life and property.