Teek Sues for N$6,8 Million

Werner Menges

28 April 2011

A hearing on a multimillion-dollar claim that former Supreme Court Judge of Appeal Pio Teek filed against Namibia’s President, Government, Minister of Justice and Attorney General in the wake of his trial on child-molestation charges was postponed in the High Court in Windhoek yesterday.

Teek is suing President Hifikepunye Pohamba, Government, the Minister of Justice and the Attorney General for a total of N$6,873 million, which he claims are earnings that he has lost and other damages he has suffered as a result of his retirement from judicial office in October 2005.

Teek, then 58 years old, retired from his post about eight and a half months after he had been arrested and charged on child abduction, rape and other charges in early 2005.

He was finally acquitted on all charges in December last year – after his case had also made a turn in the Supreme Court, where the bulk of his earlier acquittal on all counts was set aside in April 2009.

The three South African judges who, as Acting Judges of Appeal of Namibia’s Supreme Court, on April 28 2009 overturned Teek’s acquittal on six of the eight charges he had faced during his trial in the High Court, were initially also sued by Teek. He however later withdrew his claim against Judges Piet Streicher, Kenneth Mthiyane and Fritz Brand, whom he accused of having been guilty of actions that he charged were “incompetent, imprudent and corrupt, actuated by malicious bias, partiality towards and collusion with the State”.

A first round of arguments on Teek’s claim was set to be heard in the High Court yesterday. The hearing was instead postponed to a date that still has to be arranged after the judge appointed to hear the matter, retired Botswana High Court Judge John Mosojane, informed the court that he would not be able to travel to Namibia before May 10.

Teek is directing the thrust of his claim against the President, Government, the Justice Minister and the Attorney General at proceedings that took place in the Supreme Court, where a prosecution appeal had been lodged against the ruling in which he was initially found not guilty in the High Court.

Teek was finally acquitted on all charges in the High Court on December 16 last year.

Following his arrest, then President Sam Nujoma first suspended Teek from his post as Supreme Court Judge of Appeal on a recommendation from the Judicial Service Commission on February 9 2005. On October 14 2005, it was announced that Teek was retiring from his post with immediate effect.

In documents filed with the High Court Teek is now claiming that he “took early retirement under threat from the Judicial Service Commission to recommend his forced removal from office” to the President.

With the hearing of the State’s appeal against his earlier acquittal, the three Supreme Court judges ignored vital evidence, were “ill prepared” and did not read the trial court record properly, or only read selected parts of the record, Teek is claiming.

He is also accusing the prosecution of making “a litany or misleading submissions during the hearing of (the) appeal” in its “urge to secure Plaintiff’s conviction at all costs”..

Teek is asking the court to award a sum of N$6,873 million to him. In the alternative, he wants the court to order Government and the other defendants to assist him financially and otherwise so that he can take legal action against the three judges in South Africa.

He is also asking for an alternative order that he should be reinstated as a judge of the Supreme Court, and should be compensated for earnings he has lost in the period between his retirement and his reinstatement.

The Government Attorney, representing the four remaining defendants in the case, has filed an exception to Teek’s claim with the court. The High Court lacks jurisdiction to review a judgement of the Supreme Court, and Teek’s claim does not disclose a cause of action against the four defendants, it is being argued on their behalf.

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