Businessman Shapwa Kanyama says he will donate the money awarded to him in a defamation case against a retired nurse to victims of cyberbullying.
Kanyama, a key beneficiary of health tenders, won a Windhoek High Court case against retired nurse Mathilde Kathikwa (61) on Monday this week.
The retired nurse was ordered to pay N$130 000 to Kanyama and his wife, Beata Kanyama, and to also pay their legal costs in the matter.
The couple’s lawyers have charged them N$643 000 for their services in the defamation claim against Kadhikwa.
The couple initially sued Kadhikwa for N$400 000 in a defamation claim they instituted in July 2022.
The businessman, known for being awarded a controversial condom tender, is claiming that he does not want the money for himself.
Speaking to The Namibian yesterday, Kanyama said the funds will be used to help potential cyberbullying victims institute legal proceedings against their attackers.
“I am donating the money to anybody or a trust of a law firm that helps people who have been cyberbullied and victimised. People who have had their names tarnished for no reason, due to someone’s anger. I would rather give it to those people so they can also follow the legal process and use the funds to approach the court,” he said.
Kanyama added: “My goal is not to get money out of her.
The moral of the story is that we should respect each other.
You cannot just stand up and make false allegations against someone.
That’s why I am giving away the money to anyone who has gone through the same ordeal as me to access the funds.”
By yesterday afternoon, Kanyama said he had not yet identified the specific trust to which he is going to donate the money. He also said that he did not know Kadhikwa was a pensioner.
FEES BREAKDOWN
According to a tax invoice dated 31 July this year, seen by The Namibian, the couple were charged N$3 750 for a 90-minute consultation with their lawyer on 12 July. They were also charged a N$25 000 day fee for 15 July.
They were charged N$75 000 for their lawyer’s attendance at a 10-hour trial on 16 July this year, and a further N$1 100 for copies.
The couple were charged N$222 290 for lawyer Lotta Ambunda-Nashilundo’s services and N$300 150 for work done by senior counsel Raymond Heathcote.
The Kanyamas sued Kadhikwa after she published a voice recording in a WhatsApp group in May 2022 about the couple’s flashy wedding. Although no name was mentioned in the recording, High Court judge Beatrix de Jager found that Kadhikwa’s remarks were about Shapwa Kanyama and were defamatory.
A Toyota Fortuner owned by Kadhikwa was scheduled to be sold on auction on 21 November at Tsumeb.
This was after an earlier ruling in which De Jager ordered Kadhikwa to cover wasted legal costs of the Kanyamas, leading to the attachment of her assets.
TEST FOR FREEDOM OF SPEECH
Namibian courts have over the years favoured prominent individuals who approached the courts for comments made on social media.
In 2021, Kanyama’s wife sued Independent Patriots for Change (IPC) spokesperson Imms Nashinge for N$400 000 in a defamation case. Nashinge agreed to pay N$60 000 “for the harm caused to [Beata’s] name and dignity”.
In 2022, then first lady Monica Geingos won a case against Ohangwena-based teacher Abed Hishoono. She won the case but later forgave Hishoono.
In August this year, deputy minister of finance Maureen Hinda won a defamation case against Affirmative Repositioning leader Job Amupanda. The High Court at the time also ordered Amupanda to pay Hinda’s legal costs.
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