Homeless Namibian man wins unlawful arrest case

A homeless Namibian man has won a case of unlawful arrest against authorities in that southern Africa country. File picture

A homeless Namibian man has won a case of unlawful arrest against authorities in that southern Africa country. File picture

Published Mar 28, 2022

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Cape Town – A homeless Namibian man has won a case of unlawful arrest against Namibian authorities, after a high court ruling ordered that the Namibian ministry of home affairs, immigration, safety and security compensate a Swakopmund man for damages he suffered after being unlawfully arrested and detained in 2019, the Namibian reported on Monday.

On February 27, 2019, Gregorey Naomab, 32, was subjected to an arbitrary arrest without a warrant, and detention, according to reports.

There is a high number of people who have dwellings but no formal houses in Namibia, and according to data from a 2016 study, the rate of shacks to brick houses rose to 4:1, writes the Borgen Project.

According to the Namibian, Naomab has been living on the streets of Swakopmund for the past four years and he survives on selling empty cans to scrap metal dealers in town.

The court heard that the homeless man was walking with his dog and two friends when he was arrested in connection with malicious damage to property.

According to Swakopmund-based lawyer Alfred Ellis of Ellis Attorneys, and South African-based advocate Jack Gerber represented Naomab, the court further heard that

Citing a report by the Namibian, Ellis said in his testimony Naomab told the court that closed-circuit television footage was viewed in his presence on the day of his arrest, but denied he was the person in the footage. The police also indicated that it was not him.

However, authorities arrested him, hauling him into the back of a police van.

Namibia's rate of unemployment is 33.4 percent, and 20 percent of the population lives in the slums, according to recent data.

In 2017, Namibia was rated the second most unequal country in the world, second only to South Africa, according to reports.

Furthermore, a 2018 study showed that greater than 90% of Namibians do not qualify for a housing loan, and thus are unable to buy houses.

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