Iuze Mukube

A Rehoboth resident alleging that he was unlawfully arrested and detained based on unfounded allegations by law enforcement officials is suing the Inspector-General of the Namibian Police Force for N$2.1 million in damages.

Cornelius Johannes Kisting, a self-employed transport operator, claims he suffered damages because of his alleged unlawful arrest and detention, the wrongful seizure and detention of property, loss of income, injury to dignity and legal expenses.

Kisting claims that he was unlawfully arrested and detained while enroute to Windhoek transporting passengers, allegedly without an arrest warrant or reasonable grounds to suspect him of fraud and theft.

He alleges that his arrest took place in broad daylight and in the presence of his clients and several other road users. According to him, one of the arresting officers, Martin Basson, the second defendant, is allegedly a close associate of Aletta Kisting, the wife of his late brother.

Kisting claims the criminal charges stemmed from his late brother’s estate and were “wrongfully and maliciously” initiated by Aletta and her associates.

He says he was detained without bail for 15 days in police cells in Windhoek before the case was dismissed and struck from the roll on 6 September 2024. In his second claim, Kisting alleges police unlawfully seized and detained his property, including three 16-seater minibuses and other items, without a search warrant.

He says officers also went to his residence and seized additional items in the presence of his “terrified” wife and children, whom he claims were threatened and intimidated. He alleges that neither during the search nor at the time of his arrest was he shown a search warrant.

Kisting further claims the seizure of his vehicles caused income losses for his transport business, which operates daily between Rehoboth and Windhoek. According to him, each vehicle generated N$1 500 per day, bringing the total alleged loss of income to N$396 560.

He says the prolonged deprivation of his vehicles also damaged his business reputation and eroded trust among regular clients, leaving him unable to meet ongoing financial and household obligations.

Kisting alleges the public arrest violated his constitutional rights and caused humiliation and distress in front of his family and members of the community.

He also claims he was held in degrading and inhumane detention conditions, including an overcrowded and unsanitary cell with inadequate access to basic amenities and privacy.

He says the experience left him emotionally and psychologically distressed. He further alleges that threats and intimidation directed at him and his family caused fear, anxiety and insecurity, compounding the alleged injury to his dignity.

Kisting claims the arrest and detention were based on unfounded allegations motivated by personal vendettas rather than legitimate legal grounds, which he describes as an abuse of power and a miscarriage of justice. As a result, he says he was forced to hire a private lawyer and incurred legal expenses.

He is seeking judgment against the defendants for N$2 128 804.05, comprising N$750 000 for wrongful arrest and detention, N$423 000 for wrongful seizure and detention of property, N$396 560 for loss of income, N$500 000 for injury to dignity and N$59 244.05 for legal fees.