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Nujoma threatens Swartbooi with legal action

LAWYERS Metcalfe Beukes Attorneys, who are representing labour minister Utoni Nujoma’s have given Landless People’s Movement (LPM) leader Bernadus Swartbooi 14 days to apologise to their client.

In a letter addressed to Swartbooi on Friday last week, the lawyers said failure by the LPM leader to apologise will result in legal action being taken against him.

This is the second letter written to Swartbooi after Nujoma’s lawyers wrote another one two weeks ago requesting Nujoma’s former deputy at the ministry of lands to apologise for “belittling” the minister.

“On 8 June 2020 while parliament was in session, you once again resorted to your low-class attacks on the human dignity of our client, the minister of labour, industrial relations and employment creation, Utoni Nujoma.

“While addressing parliament, you uttered, inter alia, the following degrading comments which impaired the human dignity of our client: “…intelligent people are talking. Idiots must sit down. You go and report like a little child. You are fat already, you idiot, jou idiot, you are even demoted like a dog, you are a disgrace to your father, you inferior being,” read part of the letter.

In the letter, the lawyers cited article 8 of the Namibian Constitution under the inviolable provisions pertaining to fundamental human rights and freedoms which provides for the inviolable dignity of all persons in Namibia and that in any proceedings before any organ of the state respect for human dignity should be guaranteed.

Nujoma’s attorneys described Swartbooi’s comment as degrading, wrongful, unlawful and defamatory.

“Such conduct clearly shows that you have no respect whatsoever for the human dignity of our client.

“In addition, it further clearly denotes that (you) lack respect for the Constitution of the Republic of Namibia.

“As an admitted legal practitioner, you are eminently aware of the consequences of making a statement under oath which you have chosen to breach by your derogatory and defamatory conduct.

“You should, as a junior legal practitioner, at least be aware that any other legislation is subservient to the Constitution and that the Powers, Privileges and Immunities of Parliament Act 17 of 1996 do not provide you any immunity for violating the human dignity of our client.

“Neither is your disgraceful violation excused by your lame excuse that threats of legal action amount to “…an attempt to deny citizens the right to be exposed to intellectual, honest debates in the seventh parliament.”

Your defamatory, degrading and disrespectful contempt for our client’s human dignity is bereft of any intellectual and/or honest content whatsoever,” the attorneys said.

The lawyers added that the Constitution makes it imperative for Swartbooi as a member of parliament to maintain the dignity of the National Assembly during sittings and outside of the house.

“You are once again, with the utmost respect, requested to apologise unreservedly for your wrongful, unlawful, degrading and defamatory comments made to and about our client as is set out in this correspondence within 14 days of receipt hereof.

“In the event that you fail to do so, legal action ensues without further notification,” the letter said.

Swartbooi was not reachable for comment however The Namibian left a text message but got no response.

Last week, LPM said in a statement that it was unfazed by the first letter from Nujoma.

– eliaser@namibian.com.na

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